Take It To The Board with Donna DiMaggio Berger: Recent Episodes

Donna DiMaggio Berger

Think you know what community association life is all about? Think again. Residents must obey the rules, directors must follow the law, and managers must keep it all running smoothly! Take It to the Board explores the reality of life in a condominium, cooperative or homeowners’ association, what’s really involved in serving on its board, and how to maintain that ever-so-delicate balance of being legally compliant and community spirited. Leading community association attorney Donna DiMaggio Berger acknowledges the balancing act without losing her sense of humor as she talks with a variety of association leaders, experts, and vendors about the challenges and benefits of the community association lifestyle. If you've got questions, Take It To The Board with Donna DiMaggio Berger - We Speak Condo & HOA!

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A rooftop can be a power plant or a battleground. In this week’s Take It To The Board episode, we tackle a central question: should homeowners be able to use solar power without running into resistance from their own community associations? Host Donna DiMaggio Berger speaks with Ben Delman of Solar United Neighbors to break down where personal energy freedom bumps up against HOA oversight.

Donna and Ben explore the real factors behind a switch to solar energy—from hardware costs and permitting timelines to interconnection delays, SRECs, and the impact of net metering. If you’ve ever wondered what a typical home can offset via solar energy, how much a solar energy system costs, or how long it takes to recoup the investment, they’ll walk you through the numbers in clear, practical terms.

Donna and Ben are also joined by Dixie Koenemann, a homeowner from Ohio whose HOA pushed back at every step of her rooftop solar installation. She shares her firsthand experience navigating restrictive HOA rules and the strategy she used -- reviewing governing documents, tracking performance impacts, and citing state law-- to challenge vague or burdensome limitations that could have prevented her and her husband from enjoying the benefits of solar energy.

With the federal 30% tax credit ending, the conversation turns to what’s changing, what isn’t, and why local measures like faster permitting and fair interconnection policies are crucial to keeping solar accessible.

Related Links:

Podcast: Going Green Saves Some Green — with Nicolas Milo of KW Property Management
Resource: Solar United Neighbors
Article: What Can Be Done About Solar Panels?

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What if the secret to calmer board meetings, friendlier hallways, and fewer violation letters is simpler than passing another rule? In this episode of Take It To The Board, host Donna DiMaggio Berger invites nationally recognized etiquette consultant and author Jodi R.R. Smith to unpack how “etiquette is the younger sibling of the law” and why civility is a practical and effective leadership tool for community associations. From trash cans set out too early to pickleball at midnight, Donna and Jodi translate everyday friction into neighborly fixes that work in real life.

Donna and Jodi walk through a proven communication playbook for big projects like concrete restoration and roof replacements: communicate early and often, explain the process in understandable terms, invite questions before votes, and host town halls. You’ll learn how to structure meetings without turning rules into a weapon, why your strongest communicator should tackle major announcements, and how to take heated online threads offline into productive.

Donna and Jodi share clear guidance on shared spaces and pets—noise, waste, elevator etiquette, and the crucial distinction between service animals and emotional support animals. They also cover neurodiversity and cultural cues, showing how to adapt with kindness: narrate your intentions, choose the right medium for the message, and use asynchronous options when needed. Even travel gets a civility upgrade, with practical tips for surviving cramped flights.

Along the way, they revive two classic habits that still matter: RSVP promptly and send real thank‑you notes. Courtesy isn’t performative or old‑fashioned—it’s a scalable, repeatable method for reducing conflict, protecting and enhancing community value, and making shared living spaces more comfortable. If you’re a board member, manager, or resident who wants fewer blowups and better outcomes, this conversation is your field guide to civility.

Conversation Highlights:

Why etiquette still matters in an age that celebrates bluntness and “keeping it real.
Practical meeting manners: How board and membership meetings can stay civil and productive
Respectful communication during sales or rental screenings — for both interviewers and applicants
Balancing ESA (Emotional Support Animal) rights with neighborly consideration
Guest etiquette in “55 and over” communities — what visiting families should know
Navigating the gray areas of shared amenities like gyms, pools, and clubhouses
Pickleball diplomacy: showing courtesy when games go late or lights stay on
Texting with tact — the essential “dos and don’ts” of modern communication
When to overlook someone’s bad manners vs. when (and how) to gently correct them
The one universal bad habit Jodi would fix with a magic wand

Related Links:

Book: The Etiquette Book: A Complete Guide to Modern Manners
Resource: Mannersmith Etiquette Consulting
Online Class: Dealing With Difficult People
Article: ChatGPT May Be Eroding Critical Thinking Skills

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With Halloween right around the corner, in this episode of Take It To The Board, host Donna DiMaggio Berger and Dee Smith from NatureZone, a family-owned and operated pest control company, peek into the spookier corners of community association life: the creepy crawlies that make residents shiver and board members squirm. Together, they take a peek into what really moves through condos and HOAs: bed bugs that hitchhike on luggage, roof rats that turn trees into launch pads, and subterranean termites—now including a Formosan–Asian hybrid—capable of eating your equity faster than you’d ever expect.

You’ll learn how bed bugs actually spread in multifamily buildings, why foggers make them worse, and a simple hotel routine that uses a hairdryer and a bathtub to stop hitchhikers. Donna and Dee break down drywood termite myths, explain why subterranean baiting like Sentricon changes the game after heavy rains and floods, and map the entry points rats love most—soffit gaps where gables meet hips, open AC chases, and lush landscaping pressed against stucco. They also talk compassion and safety: handling hoarding cases without letting infestations jump through chases, relocating honeybees while decisively removing aggressive wasps, and using greener, microencapsulated products and inert dusts for residents with chemical sensitivities.

If you live in a condo, townhome, or HOA, this is your resident’s guide and board playbook in one. Expect field-tested tips, from shaving “boots” on cabbage palms and keeping bird feeders off structures, to recognizing termite pellets and swarmer wings before repairs get ruinous.

Conversation Highlights:

The ultimate Halloween pest — which creepy crawler gives even the pros chills?
The most common pests found in South Florida condominiums and HOAs
Why pests spread so rapidly in multifamily buildings compared to single-family homes
When a small issue becomes a nightmare: how one infested unit can impact an entire building
The most unusual or memorable pest situations from real community cases
Safe and eco-friendly pest control options for residents concerned about toxicity
Tenting vs. spot treatment: how effective are different approaches for drywood and subterranean termites?
Preventative policies boards can adopt—from hygiene to landscaping—to stop infestations before they start
Plants and trees to avoid: what attracts rodents to community landscapes
Dee's journey into pest control and what keeps her passionate about the field
How modern pest control has evolved with greener, less toxic technologies
Practical advice for boards developing or updating their community pest control plans

Related Links and Resources:

Article: Pest Control Company finds success through focusing on client retention, not revenue
Pest Control Resources: Florida Department of Agriculture & Consumer Services
Podcast: Pesky Critters in Your Community? Top Tips From Wildlife Expert and Trapper Todd Hardwick

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The landscape of community living is shifting as associations grapple with rising energy costs, climate pressures, and ever evolving resident expectations. In this episode of Take It To The Board, host Donna DiMaggio Berger sits down with Nicolas Milo, Senior Director at KW Property Management, to explore how sustainability is more than just an environmental initiative -- it’s also a smart financial strategy.

No longer limited to “going green” for responsibility’s sake, today’s forward-thinking boards see that sustainability brings immediate cost savings, operational efficiencies, healthier environments, and stronger property values. Donna and Nicolas discuss the beauty of this approach and its flexibility where communities can start small by fine-tuning existing systems and then scale to more advanced technologies.

For boards wondering where to begin, Nicolas recommends a phased approach: first, ensure existing systems operate at peak efficiency according to manufacturer specifications. Then explore strategic upgrades like building management systems, water flow meters, or LED lighting with motion sensors. Low-hanging fruit includes domestic water filters to reduce plastic waste, comprehensive recycling programs that generate rebates, and community engagement initiatives like neighborhood cleanups or garden projects.

Technology is opening new doors for associations -- from EV charging stations with minimal upfront investment to advanced trash management solutions. Nicolas also shares personal insight from serving on his own condominium board, where a community garden and composting system has strengthened community bonds while reducing environmental impact and even food costs.

Whether you manage a high-rise condominium or a sprawling HOA, this episode delivers actionable strategies to create greener, more cost-effective communities. The bottom line: sustainability is good for residents, good for property values, and good for the planet.

Conversation Highlights Include

Impactful and cost-effective upgrades for condos and HOAs
Resident support for sustainability versus the need for persuasion
Balancing upfront costs with long-term savings
Real examples of green initiatives lowering utility costs
Challenges unique to high rises versus large HOAs
Keeping pace with Florida’s stricter building codes and energy requirements
Resident involvement and the rise of green committees
How sustainability boosts satisfaction and resale values
The next wave of green living—solar, EV charging, water reclamation, and smart tech
Bonus: The one sustainable feature Nicholas believes every condo or HOA should adopt if he had a magic wand

Related Links:

Podcast: Revolutionizing Coastal Defense, 3D-Printed Living Seawalls with Anya Freeman of Kind Designs
Podcast: Navigating the Negative Impacts of Sea Level Rise with Professor Harold R. Wanless and Dr. Esber Andiroglu
Podcast: Successful Community Association Living Starts With the Purchase Decision with Marisa DiLenge, Founder, DiLenge Real Estate Team (Part I)

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Choosing the right attorney for your community association is about much more than comparing hourly rates. In this episode of Take It To The Board, host Donna DiMaggio Berger sits down with Tana Bucca, Vice Chair of Becker’s Community Association practice in New Jersey, to explore what boards should really look for when hiring legal counsel.

Donna and Tana discuss why specialized experience in community association law often saves time and money, how firm size and bandwidth can impact service—particularly for smaller associations—and why rushed “cattle call” interviews rarely lead to the right fit for either side. Instead, thoughtful conversations that go beyond canned responses are the key to finding true compatibility.

This episode also covers red flags that some association attorneys and vendors overlook in their zeal to sign a new client. Tune in and learn how to avoid common pitfalls and ask the right questions during your interview. This episode offers practical insights for board members, managers, attorneys and other vendors alike—emphasizing that the most successful attorney-client relationships are built on trust, expertise, and respect.

Conversation Highlights:

The importance of credentials like Board Certification in Condominium & Planned Development Law or membership in organizations like CCAL and why more boards don’t ask about them
Questions boards should ask in an initial interview to reveal the most useful information about a lawyer’s style, competence, and approach
The importance of responsiveness, educational outreach, litigation philosophy, or experience with regulators and legislators
Red flags attorneys see in potential client associations that may signal problems ahead
How both sides can determine if there’s a genuine “fit” during that first consultation
When it is appropriate for a board to terminate legal counsel
When lawyers should terminate a client
The number one ingredient required for a productive attorney-client relationship

Related Links:

Podcast: A Board Members’ Guide to Unexpected Issues – Your Questions Answered
Podcast: Addressing Florida’s Condo Crisis and How to Fix It

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What's the point of gates, guards, and security cameras if you're letting hundreds of unscreened workers into your community? On this week’s episode of Take It To The Board podcast, host Donna DiMaggio Berger talks with security expert Mark Hall to reveal the alarming blind spot in most residential communities' protection plans.

After spending over two decades in law enforcement, Mark identified a critical vulnerability: communities invest heavily in perimeter security while opening their gates to thousands of unknown service providers each year. This realization, coupled with a horrifying incident where an air conditioning technician with a criminal record took a family hostage, led him to create the Safe Communities Vendor ID Program.

The program's findings are eye-opening. Since 2016, they've identified and prevented 81 registered sex offenders and over 900 recently convicted burglars and thieves from accessing participating communities.

Donna and Mark walk listeners through the program's three-tiered screening protocol, which includes five-year bans for theft-related offenses, ten-year bans for violent crimes, and lifetime bans for sexual offenders and homicide perpetrators. They explain how the program accommodates immigrant workers through foreign government ID verification, addresses identity verification challenges, and operates without cost to associations or residents.

If your community is serious about security, listen now to learn how you can close this critical gap.

Conversation Highlights Include:

The security gaps in the marketplace that inspired the creation of the Safe Communities Vendor ID program
Details on the program’s screening protocols
How Safe Communities communicates with vendors after screening employees, including reports and follow-ups
Addressing concerns about second chances for individuals with prior convictions
The frequency with which employers fail to use rigorous screening protocols
Training programs and ongoing evaluations offered to vendors to stay updated on best practices
Safeguards in place to avoid mistaken identity and minimize legal liability
How the program has grown since its inception in 2016
Vendor screening expansion into industries beyond community associations

Related Links:

Podcast: Checking In On Background Checks: What’s In, What’s Out and What’s Questionable? with Robert E. Sanchez of Sarma | Becker & Poliakoff
Article: Law.com Op-Ed: Smile, You’re on Condo Camera—Florida’s New Law on Recording Zoom Board Meetings | Becker & Poliakoff

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Various types of casualty events, including fires, floods, explosions, windstorms, and even the unavoidable burst water pipe, will likely occur at some point in your community's lifespan which means your board will have to submit an insurance claim. That process can make your association feel as if you're going through a second disaster while you're trying to recover from the first one. Host Donna DiMaggio Berger and guest Ken Shriberg, a public insurance adjuster with a track record for turning underwhelming settlements into substantial lifelines, will arm you with the knowledge to face insurance challenges head-on.

Donna and Ken walk through the hidden damages that can derail recovery efforts, emphasizing the significance of exhaustive inspections and the transformative impact a public adjuster can have on your recovery. They recount real-life tales from the field, illustrating how an eagle-eyed adjuster can turn a modest $2 million claim into a $28 million game-changer, emphasizing the importance of expert evaluations in rectifying overlooked destruction.

Donna and Ken also tackle the often-overlooked challenges that association boards face, from understanding convoluted insurance policies to the art of negotiation, and how these hurdles can impact the rebuilding process. They debunk the 10X sales mentality, advocating for collaboration and exceptional customer service as the cornerstones of a successful recovery. By the episode's end, you'll be equipped with a view of how seasoned professionals, from adjusters to attorneys, play a pivotal role in guiding communities through the aftermath of casualty events, ensuring a fair and comprehensive path to restoration.

Conversation highlights include:

How the role of an independent public insurance adjuster differs from the insurance company's adjuster and other professionals in the insurance industry
Evaluation tools used to assess the extent of damage in community association insurance claims
Challenges and issues community associations often face when dealing with insurance companies after a loss
Timeline of a typical community association windstorm claim, from the initial report to the final resolution
Red flags or warning signs that community associations should be aware of when dealing with insurance claims
Key considerations for boards when selecting an insurance policy and how can they maximize their coverage
When it's time to call in an attorney to pursue a Bad Faith Claim

Related Links:

Podcast: Storm-Ready in Seconds: How Shark Tank’s StormBag Is Changing Hurricane and Severe Weather Prep | Becker & Poliakoff
Article: Becker Expands Association Adjusting Firm with Additions of Ken Shriberg and Chris Cury | Becker & Poliakoff
Resource: Association Adjusting - Serving Community Associations Throughout Florida and New Jersey

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"Most people don't read the fine print until it's too late." This warning from Take It To The Board host, Donna DiMaggio-Berger sets the stage for a crucial conversation with guest and Becker shareholder James Robert Caves about common contract mistakes threatening community associations across Florida.

Drawing on decades of experience drafting, negotiating, and untangling problematic contracts, Donna and Rob reveal why the distinction between proposals and contracts matters, and how seemingly innocent "boilerplate" language can become a community's worst nightmare. The discussion exposes how vendors strategically include provisions that protect their interests while limiting their liability – often capping damages at the contract amount regardless of the severity of potential future harm.

Among the most dangerous contract provisions are those related to termination rights. Rob strongly advises against agreements that automatically renew and can only be terminated for cause, creating what he calls an "endless loop" where associations remain trapped in unsatisfactory and even dangerous relationships.

Their conversation tackles particularly problematic contract types – telecommunications agreements with decade-long terms, elevator maintenance contracts with right of first refusal clauses, and the emerging trend of non-competition provisions appearing in landscaping and pool maintenance agreements. Through real-world examples, including a $2,500 maintenance contract that resulted in $100,000 damage, Donna and Rob demonstrate why contract review priorities should be based on risk assessment rather than contract value.

Providing practical negotiation strategies while identifying must-have provisions you need inserted into your contracts, this episode delivers essential knowledge for board members and managers who want to protect their communities from costly contractual disasters.

Conversation Highlights:

How boards can ensure the proper legal entity is signing a contract—and why that’s critical
The difference between apparent authority and actual authority when directors or managers sign agreements
Key clauses every vendor or service contract should include
Termination clause traps and what to watch for
Common red flags that pop up in community association contracts
The enforceability of non-compete and non-solicitation clauses in vendor agreements
What makes a contract “illusory” and how to avoid them
A practical rule of thumb for deciding which contracts require attorney review—beyond just the dollar amount

Related Links:

Article: Association Contracts
Online Class: Condo/Co-op Board Certification Class
Podcast: Mastering Construction Contracts: Essential Insights with Steve Lesser

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It’s common knowledge that Florida is one of the hottest markets in the U.S. – whether you’re considering a personal lifestyle upgrade or a new environment for your business. But that influx of people and industry, coupled with the state’s numerous sunny days, is a recipe for an extreme heat event and can spell disaster for an unprepared infrastructure.

Host Donna DiMaggio Berger and featured guest Jane Gilbert – the world’s first Chief Heat Officer – explore the dangers posed by extreme heat in highly urbanized areas and discuss how municipalities around the world are collaborating on solutions to protect both present-day and future communities.

Highlights include:

How Jane’s recent experience as a Chief Resiliency Officer prepared her to serve as the first-ever Chief Heat Officer and what this new role means for communities in Florida and beyond;
Defining the ‘urban heat island’ and how the green street vision for Miami-Dade helps reduce this;
Why awareness of the risk associated with extreme heat needs to be increased and whether naming heat waves would emphasize the importance of safety during rising temperatures;
How community association boards can adjust governing documents to encourage energy efficient practices – green spaces, reflective roof surfaces, upgraded A/C units, indoor/outdoor lighting choices, building weatherization, etc.;
Strategies when considering how to address the disproportionate impact of heat waves on already vulnerable communities, including seniors on fixed incomes, socio-economically disadvantaged, etc.;
Expansion of existing directives to ensure evacuation shelters have adequate backup power for cooling in the event of a widespread outage;
The connection between extreme heat and rising sea levels, and how Florida has integrated its climate action strategies to address both;
How community associations, local businesses, and incoming corporations can collaborate with Jane’s office to identify ways to protect outdoor workers in the construction, tourism, trade & logistics, public safety industries; and so much more.

BONUS: Donna and Jane share a little about what to expect from the county’s three-year action plan, scheduled for release in May 2022 and recommend viewing the Miami-Dade County’s Extreme Heat Toolkit for ways you can stay safe in South Florida.

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In an emergency, timing is everything. What if a resident collapses on the pickleball court, suspicious activity is spotted near your property, or a crisis unfolds when you least expect it? The traditional safety net of gates, guards, and cameras falls short without one critical element: immediate, reliable communication.

In this week’s episode of Take It To The Board, host Donna DiMaggio Berger talks with Geno Roefaro, the CEO of SaferWatch, a cutting-edge safety app transforming how residential communities respond to emergencies. Developed in the aftermath of national tragedies like the Pulse nightclub and Parkland School shootings, this innovative platform functions as a digital panic button connecting users directly to local law enforcement while simultaneously alerting the entire community as a disaster unfolds. Unlike group texts or emails that might go unnoticed, SaferWatch delivers unmistakable alerts demanding immediate attention.

Donna and Geno discuss the practical, legal and even emotional implications of using technology to enhance safety where it counts most-in our homes. Customizable for each community's needs, SaferWatch addresses everything from severe weather or medical emergencies to suspicious activities, providing not just immediate response capabilities but also valuable data management tools for tracking incidents and improving security measures over time.

If you're a board member, manager or resident concerned about community security, you won't want to miss this conversation

Conversation Highlights:

Key differences between SaferWatch and consumer security apps like Ring and Nest
Integrating SaferWatch with existing security infrastructure like cameras, gate systems, and smart building technologies
What successful SaferWatch implementation looks like in a large residential building (e.g., 300 units)
Addressing privacy and data protection concerns associated with the platform
Personal inspiration behind SaferWatch, including the impact of the Parkland shooting
How the app has evolved from use in large public venues to serving residential communities like condos and HOAs
SaferWatch’s role beyond safety threats, including medical emergencies like cardiac events and drownings
Strategies for balancing frequent alerts with preventing notification fatigue among residents
Advice for associations exploring this type of technology, especially when dealing with skepticism or budget limitations

BONUS: Donna describes alligator sightings in her HOA community

Related Links:

Resource: SaferWatch Website
Podcast: Eyes Everywhere – Understanding Community Surveillance Options with Louis DiGioia of IC Real Time

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Have you ever wondered if you recognize that stunning condo or picturesque community you see in a movie or TV? Take It To The Board host Donna DiMaggio Berger and Christina Labuzetta, owner of Location Resources and member of the Location Managers Guild International, pull back the curtain on the fascinating world of location scouting for private residences and communities.

For association boards and homeowners contemplating this unique revenue opportunity, Donna and Christina walk through the entire process: from initial scouting photos to contracts, logistics, and the potential earnings. They address common concerns about property protection, revealing how professional crews use protective materials and detailed documentation to ensure everything returns to its original state—their goal being to make it look "like we were never there."

From CSI Miami to Vogue Magazine and sourcing locations for Martin Scorsese's "The Irishman," Christina shares insider knowledge about what makes properties stand out to production companies. The perfect filming location isn't always about luxury or grandeur—sometimes it's the mid-century modern charm of a modest apartment complex like the one featured in "Dexter" that captures a filmmaker's imagination.

Beyond the financial incentives, there's the undeniable prestige that comes with seeing your property featured in popular media. As Christina notes, it becomes "the cocktail party factor"—something residents can point to with pride and interest for years to come.

Whether you're a board member or manager looking for alternative revenue sources for your community, a property owner curious about monetizing your space, or you are simply fascinated by film production, this episode offers valuable insights into what happens when Hollywood comes knocking.

Conversation Highlights Include:

Types of productions that typically use private residences and buildings-you'd be surprised how many are out there
What features or amenities make a property stand out to location scouts? It's not just luxury communities that are of interest to a film crew
A step-by-step look at how a building can begin the process of becoming a potential filming location
How much control homeowners have in accepting or denying film offers
Unique challenges of getting filming approved inside community associations, especially where commercial use is restricted
Navigating the approval process with boards, managers, and residents—addressing concerns about privacy, security, and disruption
Beyond revenue: additional benefits of filming on-site, including brand enhancement
Common risks and potential drawbacks boards should consider before agreeing to host a production
Christina’s top advice for associations or homeowners approached for a shoot for the first time.

Bonus Fact: Christina sourced the location where Dexter lived-a cool mid-century modern apartment building in Miami

Locations Sourced by Christina:

Bad Boys: Ride or Die” promo aired during the NBA final
Rob Riggle, Pitbull throw epic Super Bowl party | FOX NFL
2023 Jeep Grand Wagoneer TV Spot, 'Drove All Night' Featuring Derek Jeter, Hannah Jeter T2
Listing your Property: Location Resources Website
Dexter Apartment: Screen Icons: The Members Only Residence ‘Where a Serial Killer Live

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The ongoing activities throughout the U.S. by Immigration and Customs Enforcement (ICE) has been dominating the news cycle recently and concerns and questions are growing about what to do if you or someone you love has an interaction with ICE at your place of employment, school or inside your community. Association boards face unique challenges in today's immigration environment. Should boards and their management professionals screen residents for immigration status? What about the employees of association vendors or the residents' employees?

In this week’s Take It To The Board podcast, host Donna DiMaggio Berger sits down with immigration law expert Ira Kurzban (he literally wrote THE BOOK on Immigration Law) for a behind-the-scenes look at his Supreme Court arguments, current ICE enforcement tactics, and a comprehensive discussion on what could happen if federal agents arrive at private residential communities.

A personal story sets the stage as Ira shares how his father arrived alone from Romania at age 12. This profound connection to immigration fueled Ira’s decades-long legal advocacy, including arguing McNary v. Haitian Refugee Center before the Supreme Court – a landmark case that preserved judicial review of constitutional challenges to the immigration system.

The conversation shifts to practical concerns for community associations as immigration enforcement intensifies. Donna and Ira deliver clear guidance on Fourth Amendment protections, explaining the critical distinction between administrative and judicial warrants when ICE agents appear at association properties. They emphasize that private communities retain significant rights to verify warrants and protect resident privacy.

Whether you serve on a board, manage a community, or simply care about constitutional rights, this conversation provides essential insights for navigating the complex intersection of immigration enforcement and private property rights. Listen now to understand what's at stake when federal authorities knock on your community's door.

Conversation Highlights:

Why social media has significantly influenced both immigration policy and public perception of immigrants
What key immigration reform Ira recommends for today’s policymakers and why it matters
How certain countries are successfully balancing border protection with legal immigration and population growth
Why board members and property managers should understand their legal rights and obligations when immigration authorities approach private residential communities
What immediate, informed actions boards need to take if ICE arrives at a property to avoid facing legal consequences
How Ira prepared for and argued the landmark McNary v. Haitian Refugee Center case before the U.S. Supreme Court, and its impact on immigration law
How immigration law is expected to evolve over the next 5 to 10 years and what factors will drive that change

Related Links:

Article: Miami Herald Op Ed: In South Florida, when ICE comes knocking, how should your HOA react?
Book: Kurzbans Immigration Law Sourcebook, 15th Edition
Article: Becker Service Announcement: Florida’s New Immigration Law
Biography: Ira Kurzban

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The 2025 Atlantic hurricane season is already underway—and it's expected to be an active one, with forecasts calling for 17 to 25 named storms, up to 13 hurricanes, and as many as 7 major hurricanes. For Florida’s community associations, that means flood preparedness is no longer optional—it’s urgent.

In this episode of Take It to the Board, host Donna DiMaggio Berger welcomes Maurice Huffman, inventor of StormBag—a revolutionary, sandless sandbag that’s changing the way neighborhoods and HOAs prepare for storms. Fresh off his appearance on Shark Tank Season 15, where he secured a $200,000 deal from Mark Cuban and Lori Greiner, Maurice shares the story behind StormBag, how it works, and why it’s gaining traction across Florida and beyond.

Unlike traditional sandbags, StormBags start out as lightweight, compact one-pound pouches that expand to 32-pound barriers when soaked in water—thanks to a polymer that absorbs 300 times its weight. They’re clean, reusable, easy to store, and simple enough for a single person to deploy in minutes—making them ideal for both single-family homes and high-rise buildings.

Maurice also opens up about the personal tragedy that led him to create StormBag after losing everything in the Paradise, California wildfires and experiencing flood damage shortly after. His Shark Tank journey provides a rare behind-the-scenes look at pitching to the Sharks and what happens after the cameras stop rolling.

As climate risks grow and storms become more intense, this episode offers community leaders and homeowners practical insights on better protecting your property with less effort, expense, and environmental impact.

Conversation Highlights:

How the StormBag technology works
A breakdown of StormBag’s cost and how it compares to traditional sandbags, including those distributed for free by some municipalities
Guidance on how many StormBags are typically needed to protect the entrance of a multifamily building
Estimates on the number of StormBags required to safeguard a 3,500-square-foot home from flooding
Information on the storage space required to stockpile StormBags in advance of a storm
The origin story behind StormBag and how the idea came to life
Insights into Maurice’s experience pitching on Shark Tank and securing a deal with Mark Cuban and Lori Greiner
The impact of endorsements from FEMA and the Department of Homeland Security, and examples of how HOAs and local governments are adopting StormBag for flood control
What community leaders and homeowners should keep in mind when it comes to flood preparedness and mitigation

Related Links:

Resource: Becker Hurricane Preparedness and Recovery
Online Class: Disaster Preparedness and Recovery
Article: Shark Tank Episode

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Life in community associations can feel like a pressure cooker—board members navigating tough calls, homeowners facing surprise assessments, and industry professionals managing nonstop demands. The common thread? Stress. In this week’s Take It To The Board podcast, host Donna DiMaggio Berger welcomes Dr. Tai Johnson, a specialist in acupuncture and traditional Chinese medicine, for a fascinating conversation on how holistic practices—and understanding your body’s meridians—can help ease the pressure for everyone.

Donna and Dr. Johnson expertly break down the concept of "chi" – the vital energy that flows through our bodies – and explain how blockages created by stressors can be relieved through strategic needle placement. Dr. Johnson reveals how acupuncture shifts us from the sympathetic "fight-or-flight" state (where most of us constantly operate) to the parasympathetic "rest-and-digest" mode where healing can occur. This transition proves particularly valuable for those navigating the complex interpersonal dynamics of community governance.

Beyond the needles, the conversation offers practical self-care techniques anyone can implement immediately. Learn about tongue diagnosis (what Dr. Johnson calls a "Chinese MRI"), the significance of ear massage, and how different body pains might reflect specific emotional patterns – lower back pain often signaling feelings of being unsupported-perfect for understanding board-related stress. Dr. Johnson also shares insights from her nonprofit work providing community acupuncture for veterans with PTSD, demonstrating the accessibility of this healing modality.

While the tensions of community association living aren't disappearing anytime soon, this episode provides valuable tools to approach them with greater balance and resilience. Whether you're curious about Eastern medicine or desperately seeking stress relief, you'll walk away with practical techniques to incorporate into your busy life. Ready to rethink your approach to wellness? Your meridians might thank you.

Conversation Highlights:

Common misconceptions about acupuncture
The effect of acupuncture on the nervous system
Specific acupuncture points effective for reducing stress and anxiety
Benefits of acupuncture for sleep quality and mental clarity in leadership roles
Alternative traditional Chinese medicine techniques for stress relief (e.g., cupping, herbal remedies, acupressure)
The role of meditation and breathwork in complementing acupuncture for stress management
Quick and actionable stress-relief techniques for those without time for regular sessions
Simple self-applied acupressure points for use during stressful moments like HOA meetings or negotiations
Tips on choosing the right acupuncture practitioner for stress relief

Related Links:

Podcast: Radical Self-Care Can Change the World with Shelly Tygielski, Founder of Pandemic Love
Podcast: The Mental Health Challenge with Chris Ayoub, President, RealManage

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In this special 100th episode of Take It To The Board, we’re excited to welcome back our very first guest, James Donnelly. When host Donna DiMaggio Berger first sat down with James in 2021, he was leading Castle Group, one of Florida’s largest community association management firms. Now, they reunite to reflect on the extraordinary journey James has taken since selling the company. Together, they explore the motivations behind his decision, the carefully crafted four-year succession plan that ensured Castle’s continued success, and the passion projects that are now shaping his next chapter.

Throughout the episode, James and Donna dive deep into the realities of the acquisition process, offering insights that business owners and industry leaders alike will find invaluable. They discuss the advantages of planning a sale from a position of strength and the importance of developing a leadership team that can thrive independently. Their conversation also examines how the association management industry has evolved—especially in response to the challenges posed by COVID-19 and the Surfside tragedy.

Despite growing consolidation in the industry, James and Donna share an optimistic outlook on opportunities for entrepreneurs. They note that no single company has captured more than a small share of the market, leaving ample room for innovation and growth. They also discuss James’s investment in the future of the field through the James Donnelly Property Management program at Nova Southeastern University, a “farm system” designed to cultivate new talent.

The episode concludes with a meaningful discussion about the personal values that guide James’s life—stretch, smile, live, and give—a daily mantra that he uses to balance his ongoing industry involvement, philanthropy, and upcoming book on life principles. With warmth, insight, and mutual admiration, James and Donna deliver a compelling conversation that celebrates past accomplishments while looking forward to the future, making this milestone episode both thought-provoking and deeply inspiring.

Conversation Highlights:

The increasing complexity of the community association industry in the wake of COVID-19, the Surfside tragedy, and new legislation
Key challenges and growth opportunities facing the industry today
The most unexpected part of Castle Group’s sale process
James’s practical advice for business owners thinking about selling
Insights for leaders weighing whether to remain active or begin stepping back
The passion projects and new ventures James is currently pursuing

Related Links:

Podcast: Royal Service with James Donnelly, Founder & CEO, Castle Group

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Have you ever stopped to think about what’s really coming out of your faucets? This week on Take It To The Board, host Donna DiMaggio Berger sits down with Ed Padula of Quality Water Consultants to uncover the hidden truths about the water we drink, cook with, and bathe in every day. You might be surprised by what’s flowing through your community's pipes and what is contributing to the inevitable water leaks in multifamily buildings.

Donna and Ed’s conversation reveals how municipal water treatment has changed dramatically over the years, with many cities switching from chlorine to chloramines—a combination that addresses one health concern but creates new problems with corrosion, water color, and infrastructure damage. As they explain, what municipalities consider "safe" water often still contains chemicals that affect both human health and building systems.

The distinction between water softening and purification emerges as a critical misunderstanding for many associations. While softening removes calcium and magnesium to prevent spotting and extend appliance life, it doesn't address chemical contaminants or color issues.

Perhaps most alarming is how water quality accelerates the deterioration of aging pipes in multifamily buildings. The corrosiveness of chloramines causes pipes to deteriorate faster, leading to more frequent leaks and eventually requiring expensive re-piping projects. Simultaneously, deteriorating pipes leach contaminants back into water, creating a vicious cycle.

Ready to take a deep dive into what's flowing through your community's pipes? Listen now and, hopefully, start a much needed conversation for your board.

Conversation Highlights Include:

Why community associations should prioritize water quality—even if no issues have been reported
Water purification considerations for multifamily buildings
Common—and often overlooked—water quality issues in condos, HOAs, and co-ops
The impact of aging pipes, boilers, and water systems on water quality in older buildings
How water quality affects the lifespan of plumbing and piping systems
The link between water quality and leaks
Understanding the difference between filtration systems and softener systems
Routine testing and inspections community associations should conduct
The connection between poor water quality and health risks
Early warning signs of deteriorating water quality
What a community’s emergency plan should include in the event of water contamination

Related Links:

Online Class: Anatomy of a Water Leak

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Documenting the condition of your association property has become crucial to comply with new legal requirements as well as to maximize your insurance claims post casualty. Transparency, accessibility, and digital organization also play the critical role of helping to protect resident safety.

Digital documentation pioneer Trish Mackie-Smith joins host Donna DiMaggio-Berger for this episode of Take It To The Board to discuss how technological solutions are revolutionizing the way associations store and access their most important maintenance and repair records. After witnessing buyers making uninformed decisions due to lack of transparency, Trish co-founded Inndox to create a comprehensive digital repository that tracks building maintenance, warranties, and safety inspections throughout a building's lifecycle.

Donna and Trish explore why independent document storage creates essential continuity for associations and assists management companies when they onboard new clients. This independent storage portal helps associations maintain compliance with increasingly strict legislative requirements while ensuring critical information isn't lost during transitions.

Beyond simple document storage, Donna and Trish explore how modern systems can alert boards to upcoming inspection deadlines, insurance renewals, and warranty expirations—transforming static paperwork into dynamic tools for proactive management. Perhaps most fascinating is the emergence of structural monitoring technologies that use accelerometers to detect building movement, potentially preventing tragedies like Champlain Towers by identifying structural issues before they become catastrophic.

Whether you're a board member struggling with disorganized records, an association manager seeking better technology, or an owner concerned about building safety, this episode offers practical guidance for bringing your association's documentation into the digital age. The message is clear: well-maintained digital records aren't just good governance—they're essential to protecting lives and property values.

Conversation Highlights Include:

• The many benefits of converting paper records to digital formats

• How digital document repositories can help prove maintenance history to local Code Enforcement and support insurance claims post casualty

• The importance of maintaining organized records to comply with increasingly strict legislative requirements

• New technologies including structural monitoring systems that can detect building movement before failures occur

• Practical implementation strategies including forming "scanning committees" to digitize historical documents

• How proper documentation can strengthen a building's value and potentially reduce insurance premiums

• Key documents that every condo or HOA should maintain digitally

• How to address concerns from board members or managers who may not be tech-savvy

Related Links:

Article: New Requirements for Condominium Association on Inspections of Official Records
Online Class: Record Keeping for Associations

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Condominiums and HOAs may dominate Florida's shared ownership landscape, but cooperative associations offer a fascinating alternative with their own distinct legal framework and operational quirks. This week, Board-certified community association attorney and Becker shareholder David Rogel joins Take It To The Board host Donna DiMaggio Berger to unravel the mysteries of this older form of shared ownership that continues to house Floridians in everything from high-rises to single-family homes.

At its core, understanding cooperatives requires grasping their fundamental difference from condominiums: in co-ops, the association owns the entire property, while residents own shares in the corporation with exclusive use rights to their units. This structure creates unique dynamics in financing, governance, and property transactions that directly impact property values and owner rights.

Donna and David navigate the evolution of cooperative law, explaining how these communities—many established in the 1950s and 1960s—operate under bylaws and articles of incorporation rather than declarations. They dispel common misconceptions, including the notion that Florida cooperative boards have unlimited discretion to reject potential buyers, a practice more commonly associated with New York City co-ops.

For those curious about conversion options, Donna and David outline the process of transforming a cooperative into a condominium, a trend gaining momentum as owners seek to increase property values despite the potential for higher property taxes. They also address the unique challenges of cooperative terminations, which lack the statutory framework available to condominiums.

Whether you're a cooperative resident wondering about your property rights, a board member navigating governance questions, or simply curious about alternative forms of community living, this episode provides valuable insights into a housing model that has served Floridians for generations and continues to evolve alongside its more prevalent condominium counterpart.

Conversation Highlights Include:

Typical governing documents for a cooperative
Different types of housing that can be used for a cooperative (e.g., vertical construction, mobile home, single-family homes)
Legal implications of being a shareholder vs. unit owner
Biggest misconceptions about co-ops
Cooperatives and cash-only sales
Why developers stopped using the cooperative form of ownership in Florida
Process of converting cooperatives to a condominium form of ownership
Procedural and Substantive differences in Chapter 718 and Chapter 719 of Florida Statutes

Related Links:

Podcast: Contemplating Condo Terminations with John Cadden of the Condominium Advisory Group
Article: Legislative Changes Opens the Door to New Options for Resolving ‘Disputes’ In Condominium and Cooperative Associations
Online Class: Knowledge is Power: Navigating Florida Condo & HOA Laws

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Flooding is a harsh reality for communities across Florida and the U.S. Rising tides, storm surges, and unpredictable weather have left many searching for solutions beyond sandbags and hope. But what if you could physically lift your home—or even an entire building—out of harm’s way?

In this episode of Take It To the Board, host Donna DiMaggio Berger sits down with Wayne Fairley, founder and managing director of Planet 3 (P3) Elevation, to explore the groundbreaking work of structural elevation. This innovative flood protection method quite literally raises homes and buildings above flood levels, providing a long-term safeguard against water damage.

The process may sound like something out of a sci-fi movie, but it’s real—and remarkably effective. Skilled teams tunnel beneath structures, creating a network of passages to access the structural supports. Using hydraulic jacks and strategically placed concrete blocks, they gradually lift entire structures, slab and all, to safer elevations.

What’s even more surprising? The disruption to homeowners is minimal. Most families only need to leave for about a week during the lifting phase, with no need to move furniture. When they return, their home is exactly as they left it—just several feet higher. For residents of flood-prone areas like Houston’s Meyerland, where some have endured multiple remodels after repeat flooding, this solution has been life-changing.

Beyond flood protection, elevation restores property values, slashes insurance premiums, and delivers priceless peace of mind. For many, lifting their home isn’t just a precaution—it’s a necessity. While the cost—typically $200,000–$280,000 for a 2,500-square-foot home—is significant, it often proves more economical than repeated flood repairs. Plus, FEMA grants may help offset expenses.

As climate change drives more frequent and severe flooding across the United States, structural elevation offers a possible solution that works with nature rather than against it. Whether you're dealing with coastal storm surges, river overflows, or drainage issues from nearby development, lifting your home might be the most reliable way to rise above the water—literally.

Conversation Highlights Include:

The ins and outs of the elevation process
Grants available to homeowners who want to elevate their homes
Height or weight limitations on the structures
Minimum and maximum elevation heights
Elevation for multifamily buildings
The Slab Variable
Potential downsides to elevating a structure
What’s next for P3?

Related Links:

Online Class: Disaster Preparedness & Recovery
Article: Rising Sea Levels Bring a Wave of Risk — Even in Unexpected Locales
Podcast: Navigating the Negative Impacts of Sea Level Rise with Professor Harold R. Wanless and Dr. Esber Andiroglu

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Have you ever wondered about the where, why, what and when questions that developers ask themselves before deciding on their new construction projects? Then this episode of Take It To The Board, is for you. Join us as host Donna DiMaggio Berger sits down with Jennifer Bales Drake, a key figure in Becker’s real estate practice, to break down the opportunities and obstacles developers face today and how those issues ultimately impact YOUR real estate purchasing options.

Very often, purchasers lament certain operational issues in their communities without fully understanding the developer documents which created the complex infrastructure under which they live. If you can get inside a developer's mindset will it help you make better purchase decisions? Donna and Jennifer's conversation covers these issues as well the future of real estate, with trends like micro-units, mixed-use communities, and affordable housing taking center stage. They also tackle the Structural Integrity Reserve Study and how evolving regulations impact developers and homeowners alike.

And for a unique twist—Jennifer shares her passion for the arts as well as for bourbon and her role in the Bourbon Women's Association of Louisville, celebrating the contributions of women in the bourbon industry.

Don’t miss this engaging episode packed with industry insights—plus a little bourbon wisdom to top it off!

Conversation Highlights Include:

The biggest challenges developers face in today’s market
Trends in mixed-use and innovative development projects
Environmental factors influencing maintenance obligations
Changes in building safety and compliance standards, following the Surfside tragedy
How developers are integrating resilience and mitigation measures into projects, given Florida’s unique vulnerability to hurricanes and flooding
Are developers rethinking construction along the coastline?
Current state of Florida’s condo market from a developer’s perspective
How are developers finding ways to address the middle-market condo buyer?
How Public-Private Partnership projects are shaping real estate development in Florida
Bourbon BONUS: Which bourbon brand would Jennifer recommend you bring along if you were stranded on a desert island!

Related Links:

Online Class: Turnover From Developer Control
Article: Developer Turnover Obligations Explained
Podcast: Navigating the Negative Impacts of Sea Level Rise with Professor Harold R. Wanless and Dr. Esber Andiroglu

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Living in mixed-use communities and condo hotels offers certain conveniences but can also pose unique challenges that require careful consideration. In this episode of Take It To The Board, host Donna DiMaggio Berger teams up with Becker attorney Allison Hertz to explore the dynamics of the mixed use lifestyle, legal implications, financial responsibilities, and the day-to-day realities of living in these types of communities.

The growing popularity of condo hotels and mixed-use housing is reshaping the real estate landscape. Whether viewing these developments as investment opportunities or lifestyle choices, understanding their unique characteristics is crucial. Donna and Allison discuss the significance of branding, the dynamic nature of commercial amenities, and the value of these properties in today's real estate market.

Managing these properties isn’t without its hurdles. The duo delves into the legal frameworks—like ADA compliance—along with tax implications, liability concerns, and the nuances of insurance, maintenance, and financial assessments. They highlight potential pitfalls that can catch even seasoned buyers by surprise. Whether you're considering investing or making one of these properties your home, Donna and Allison’s conversation underscores the importance of understanding the complexities behind these highly amenitized communities before taking the plunge.

Conversation Highlights Include:

Differences between mixed-use community and a traditional condominium or HOA
How shared expenses typically get allocated between residential and commercial components, and common disputes that typically arise
What potential buyers or investors should know about assessments and financial obligations in mixed-use properties
How reserves work in these communities, especially when commercial and residential interests have different priorities
Unique insurance challenges for mixed-use communities and condo hotels
How shared infrastructure (parking, elevators, utilities) can complicate governance and budgeting in these communities
Additional laws that impact people who own units in condo hotels

BONUS: Find out who is really making the decisions in these types of communities!

Related Links:

Article: Due Diligence Before Signing Residential or Commercial Lease Agreements
Podcast: Reserve Funds & Studies with Robert Nordlund, Founder & CEO, Association Reserves

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Our last episode of Take It To The Board involved a discussion with an owner in a luxury high-rise who had become disenchanted with some of the governance issues in his community. Today's episode takes us further on that path as host Donna DiMaggio Berger sits down with Spencer Hennings, who brings firsthand knowledge as Florida’s former Condominium Ombudsman about the types of owner complaints he saw time and again while serving in that role. Appointed by Governor Ron DeSantis in 2020, Spencer served in this critical role until 2023, resolving thousands of condominium disputes, acting as the state’s liaison during the Miami-Dade Surfside condo collapse, and helping to draft impactful condominium legislation at both local and state levels.

During their conversation, Spencer shares how he transformed the ombudsman’s office into a more accessible resource for Floridians and reflects on his crucial involvement during and after the Surfside tragedy. Together, Donna and Spencer explore the potential establishment of a state ombudsman for Homeowners Associations (HOAs), discussing the potential complexities of such a role and the importance of fair and balanced representation.

Spencer also addresses the common misconception that the ombudsman’s office exclusively advocates for unit owners, emphasizing the critical need for impartiality. The discussion further examines the evolving challenges in community association management, particularly in the wake of disasters, outdated processes, and the increasing trend of condo terminations in vulnerable areas like Florida.

As they wrap up, Spencer reflects on the emotional toll of working in the Ombudsman's Office and offers candid advice for those who may follow in his footsteps, leaving listeners with a deeper understanding of the challenges and rewards of this vital oversight role.

This episode covers everything from legislative hurdles to the personal journey of navigating public service in Florida’s complex association landscape, and is one you don’t want to miss!.

Conversation Highlights Include:

What inspired Spencer to pursue the role of Condominium Ombudsman
The most common complaints from condo owners
Balancing the interests of owners, board members and other stakeholders
Common misconceptions about the role of the Condominium Ombudsman
Spencer’s advice to every condo owner and every board member
Do Florida HOAs need their own Ombudsman?

Related Links:

Online Class: Dealing with Difficult People
Article: Implementing Condominium Restrictions
Podcast: Alternative Dispute Resolution with Jeffrey Streitfeld, Mediator

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Everyone knows that boards and management are the decision makers in community associations—but what’s it like to be on the receiving end of those choices?

In this week’s episode of Take It To The Board, host Donna DiMaggio Berger flips the script with a guest who provides a candid look at life within a condominium association where he believes things are going awry. To protect his privacy and avoid potential backlash, his identity is concealed, and he’s referred to as “Bob.” A retired attorney with four decades of executive-level experience in public companies, Bob brings a unique and thought-provoking perspective to the table.

Bob shares valuable insights into the importance of due diligence when purchasing property, reflecting on his own missteps and lessons learned. His conversation with Donna highlights the vital role diverse perspectives play in shaping the quality of life within shared ownership communities.

The discussion delves into the inner workings of board meetings, with Bob advocating for increased transparency and resident participation. He challenges the rigidity of traditional meeting formats, calling for innovation and decorum to better accommodate the varied demographics in many communities. Special assessments, the impact of meeting formats—virtual vs. in-person—and the balance between accessibility and engagement are all topics explored in depth.

From the responsibilities of board members to the rights of residents, Donna and Bob shine a light on the delicate balance between governance and community harmony. They address challenges like navigating strict community rules while maintaining personal freedoms and ensuring communal safety. Bob’s anecdotes—ranging from frustrations with hiring contractors to the convenience of maintenance-free living—paint a realistic and balanced picture of today's condo lifestyle.

Join Donna and Bob for an enlightening conversation that blends personal stories, legal insights, and practical advice on thriving in shared ownership communities.

Conversation Highlights Include:

What led to Bob’s dissatisfaction with his Condo Board
Ways to improve communication channels between the board and the residents
Rules or policies that Bob finds unfair or overly restrictive (see if Donna agrees!)
Bob’s advice to someone considering moving into a community association
Ways a board can restore trust and improve relationships with residents

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This week’s episode of Take It To The Board explores a topic that resonates deeply with many community association boards: the impact rentals have on a community and how to balance an owner's desire to lease out his or her unit with the association's desire to foster a stable and invested resident population.

Renters can sometimes feel like outsiders, perceived as being less connected to the community’s long-term success but is this perception unfair particularly as it pertains to long-term renters? Host Donna DiMaggio Berger is joined by her partner, David Muller, Vice Chair of Becker’s Community Association Practice and an expert in condominium and planned development law. Together, they discuss their experiences dealing with renters and rental issues in their client communities and brainstorm on best practices and solutions in this area.

Conversation Highlights Include:

Renter vs. owners’ rights in Florida community associations
Best practices for renter screening
Amendments for communities who want to discourage leasing
Recommended insurance coverage for condominium or cooperative owners who routinely lease out their units
Challenges related to short-term rentals such as Airbnb
Renters in “55 and Over” communities
Section 8 vouchers

Related Links:

Article: Vacation Rentals and Community Associations
Article: Short Term Rentals A Neighborhood Problem
Podcast: Successful Community Association Living Starts With the Purchase Decision with Marisa DiLenge, Founder, DiLenge Real Estate Team (Part I)

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Join host Donna DiMaggio Berger on this week’s Take It To The Board podcast as she welcomes Chris Dyer, a motivational speaker, author, and former CEO who’s led teams of thousands. Ranked as the #1 leadership speaker on culture by Inc. Magazine, Chris is known for his best-selling books, The Power of Company Culture and Remote Work. Together, Donna and Chris share insights on keeping people motivated, overcoming adversity, and bridging generational gaps in the workplace.

Whether you're a management professional, community association vendor, or volunteer board member, this episode uncovers crucial leadership steps that can drive innovation and engagement across any organization. Chris and Donna explore what truly motivates people, revealing why recognition and purpose often outweigh paychecks. They discuss strategies for fostering creativity and risk-taking, even in traditionally conservative fields like law, and highlight the importance of embracing change to create a dynamic workplace culture.

Tune in to discover how to overcome resistance to innovation, use open communication to nurture new ideas, and navigate the unique challenges volunteer boards face. From generational differences to the role of AI in workplace communication, this episode is packed with practical tips for building loyalty and cultivating a connected, productive environment—whether you're leading from the boardroom, the Clubhouse or the home office!!

Conversation Highlights Include:

The “7 Pillars” that can transform an organization’s culture
How corporations can use adversity to grow
What qualities distinguish a great CEO from others
How different generations can work together to foster a more productive working environment
Skills to effectively manage a remote team
How AI is changing corporate culture

Related Links:

Online Class: Dealing with Difficult People
Webinar: Employment Trends and Recurring Issues That Impact Community Associations as Employers
Podcast: Examining the Challenges Community Association Attorneys Face and the Corporate Responsibility Community Associations Shoulder with Marcia Narine Weldon, Law Professor

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The aftermath of the Champlain Towers tragedy has led to a flurry of legislative responses, but are they hitting the mark? Was the Florida Legislature's response to the Champlain Towers tragedy misguided in terms of overlooking some key factors that led to that deadly collapse and placing some obligations on the parties least able to shoulder them? Join Take It To The Board host Donna DiMaggio Berger as she unpacks this complex, multi-layered issue affecting countless communities across the Sunshine State who are facing looming and costly deadlines for engineering inspections and reserve funding mandates. Together with her podcast producer, Claude Jennings Jr, they confront the issues that may be causing countless people to reconsider life in a Florida condominium. They delve into the historical context and regulatory challenges, revealing the profound economic and social impacts on individuals, especially seniors on fixed incomes that these new laws are already having.

Their conversation also addresses the difference between highly functional, functional and dysfunctional boards and why dysfunctional boards are more than just a nuisance—they're a liability. In this episode, they explore the financial strains and governance challenges that can lead to board dysfunction. With Donna's expertise, they offer insight into identifying red flags and the importance of expert professional advice. From engaging legislators to revising governing documents, this episode promises solutions to foster highly functional boards amidst the ongoing crisis. Tune in for expert advice, actionable strategies, and a path forward for those navigating the murky waters of Florida's condo crisis.

Conversation Highlights Include:

9 questions to confirm if you're serving on a dysfunctional board!
The Media's role in the Condo Crisis
Who is most responsible for a safe building?

BONUS: Future Predictions

Related Links:

Online Class: HOA Board Certification
Online Class: Condo Board Certification
Article: Donna DiMaggio Berger Discusses New Condo Safety Regulations
Podcast: An Engineer's Perspective on Implementing Florida's New Condo Safety Law with Tim Marshall, Founder and President of A.T. Design

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On this week’s episode of Take It To The Board podcast, we're opening the doors—and windows—to a topic that’s both timely and critical for community associations both in hurricane season and year-round impact doors and windows. Host Donna DiMaggio Berger and guest Ben Friedman, owner and President of CitiQuiet Windows, explore the ins and outs of impact-resistant windows and doors: what they do, what they cost and how they are important not just as hurricane protection.

Donna and Ben debunk common myths, distinguish between impact-resistant and impact-proof materials, and emphasize the importance of replacing all damaged components post-storm. Through real-life scenarios, they share insights into the vulnerabilities of older installations and the critical role certified installers play in maintaining the integrity and performance of impact windows and doors.

Conversation Highlights Include:

Florida Building Code requirements for hurricane-impact windows and doors
Biggest installment hurdles in an owner-occupied building
Lifespan and maintenance for impact windows vs. non-impact windows
Maintenance protocols for windows and sliding doors in high-rise buildings
Long-term savings in insurance premiums and energy bills
Available wind mitigation credits
Advancements in impact window technology on the horizon

Related Links:

Online Class: Disaster Preparedness and Recovery
Article: Best Practices for Hurricane Preparedness
Podcast Episode: Surviving the Storm: A Journey Through Hurricane Ian and Beyond with Joseph E. Adams, Becker & Poliakoff

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In the aftermath of Helene's wrath and Milton's threatening approach, this week’s episode of Take It To The Board, hosted by Donna DiMaggio Berger, takes us on the emotional journey of community association industry veterans Wayne Srsen and Kelly Kuhn as they share their firsthand experiences with natural disasters and the insurance industry. They also highlight the indispensable roles of first responders and logistics professionals, such as those at Florida Power and Light, who work tirelessly to restore normalcy.

The stormy landscape of Florida's insurance industry presents unique challenges. Donna, Wayne, and Kelly navigate the intricacies of working in this environment. From bureaucratic hurdles to the moral dilemmas faced by insurance adjusters, Wayne highlights why integrity and proactive preparation are crucial. They delve into the human side of disaster response, where community involvement can make all the difference. Kelly shares his insights on the importance of networking and how authentic connections can foster mutual support in the professional world, alongside discussing the distinctive strengths women bring to a sales environment.

As they journey through the hurdles of project management and board behavior, Donna, Wayne, and Kelly underscore the need for skilled professionals in construction endeavors, especially in older coastal communities. The significance of clear communication, effective leadership, and expert guidance cannot be overstated. The episode wraps with a heartfelt reflection on life's fleeting moments, inspired by personal philosophies and the tranquil solace of the beach. Join us as we celebrate resilience, integrity, and the power of community in overcoming life's challenges.

Conversation Highlights:

Perception that insurance companies seek to deny or underpay legitimate claims accurate
Preparing for catastrophic events
The hallmarks of a great salesperson
Board members or managers attempting to serve as the Owners’ Representative on large restoration projects
Preventing cost overruns on a project
Incidental damage to a unit during a construction project
Predictions for the community association industry

Related Links:

Article: Insurers slashed Hurricane Ian payouts far below damage estimates, documents and insiders reveal
Podcast: Mastering Construction Contracts: Essential Insights with Steve Lesser
Online Class: Disaster Preparedness and Recovery

Learn the secrets to help your community thrive on this week’s Take It To The Board podcast, as host Donna DiMaggio Berger sits down with Dawn Bauman, Senior Vice President of Government and Public Affairs at the Community Associations Institute (CAI). Dawn is a leading advocate for HOAs, condos, and co-ops across the U.S. and internationally. With nearly 50 public policy initiatives under her leadership—including fair housing, pets, assistance animals, and removing racially restrictive covenants—Dawn has been at the forefront of policy development for community associations.

In this episode, Dawn shares her vast expertise with Donna as they dive into the 2025 legislative priorities, including building safety, financial challenges, property rights, environmental sustainability and diversity issues focusing mainly on trailblazing states like Florida and California. Dawn discusses the critical data CAI has gathered on the community association lifestyle and the various resources and initiatives she oversees. They also explore the essential role of developers and realtors in educating potential buyers about community association responsibilities. Emphasizing the power of grassroots advocacy, this episode highlights CAI's efforts to influence public policy and make it more accessible to its members.

Lastly, learn about CAI's recent lawsuit to exempt community associations from the impact of the Corporate Transparency Act (CTA) and what that might mean for your board before the Jan. 1, 2025 deadline. Don’t miss this in-depth discussion on the future of community association governance!

Conversation Highlights Include:

CAI’s top legislative priorities this year and how they could impact community associations across the country
How board members and residents can get involved in supporting legislative efforts
How trends in the areas of governance, technology, and homeowner engagement might shape the future of community living
The most significant challenges facing community associations today and how CAI is addressing these issues
Promoting diversity, equity, and inclusion within community associations
Best practices and critical differences in how community associations operate internationally compared to the U.S.
New CAI educational resources for board members, managers, and homeowners

BONUS: Learn how to join the fight to exempt community associations from the burdens imposed by the Corporate Transparency Act (CTA)

Related Links:

Podcast: A Board Members' Guide to Unexpected Issues - Your Questions Answered
Podcast: The Do's and Don'ts of Association Committees with Becker’s Ken Direktor
Podcast: Boot Camp for Board Members: Army Vet, PCAM and Becker Shareholder, Howard Perl, Discusses the Benefits of Rigorous Board Member Education
Resource: Community Associations Institute (CAI) Website

Whether replacing a roof, undergoing major concrete restoration, or updating your common areas, understanding construction contracts is essential to secure the best possible outcome for your repair or renovation projects. In this week’s Take It To The Board podcast, host Donna DiMaggio Berger unlocks the secrets to mastering construction contracts with Steven Lesser, Shareholder and Chair of Becker’s national Construction Law and Litigation Practice.

Join Donna and Steve as they dissect essential elements every community association board and management professional must consider, from setting goals and financial risk assessment to navigating complex timeframes. They share expert techniques on risk mitigation, including liability disclaimers and the importance of verifying contractor credentials and demanding insurance coverage, ensuring you’re well-prepared for the intricacies of your next construction project.

Discover the most common mistakes boards make when signing construction contracts and learn how to avoid them. Donna and Steve walk you through real-life cautionary tales of unlicensed contractors and highlight the necessity of thorough contracts to ward off potential legal and financial pitfalls. With insights into Chapter 558 of Florida law and similar statutes, they empower you with the knowledge to handle the right-to-cure process before escalating to legal action.

From the importance of due diligence to the nuances of termination provisions, this episode covers it all. Learn how to effectively manage the scope of work, payment schedules, and insurance limits to prevent costly errors. Steven’s wisdom extends to dispute resolution strategies, weighing the benefits of arbitration, mediation, and litigation. Whether you’re a seasoned professional or a newcomer to the field, this conversation equips you with invaluable tips to navigate and triumph in the world of construction projects.

Conversation Highlights Include:

Common issues boards overlook during the initial due diligence phase of large construction projects
Problems that can arise when the scope of work is ambiguous
“Change orders” and why they are a common source of disputes in construction contracts
How boards can protect themselves from excessive or unjustified change orders
Risks surrounding payment terms and payment schedules in construction contracts
The importance of timelines, payment and performance bonds and having an effective Owner's Representative
Warranties and guarantees boards should require in their construction contracts
Effective dispute resolution mechanisms

BONUS: Learn the #1 mistake boards can easily avoid when signing construction contracts

Related Links:

Podcast: Everything You Need to Know About Concrete Restoration Projects with Alessandra Bianchini, of Carousel Development and Restoration Inc.
Article: Becker Named a Top 25 Construction Law Firm by Construction Executive Magazine 2024
Online Class: Condo Construction Defects 101

Ready to reevaluate your perceptions of golf course communities and their design? In this episode, host Donna DiMaggio Berger takes you behind the scenes with Erik Larsen, Golf Course Architect and former Vice President of the Arnold Palmer Design Company, as he reveals the intricacies of transforming landscapes into world-class golf courses. Erik has overseen golf course projects in 26 US States and 14 countries. He has designed courses used in tournament play, such as the US Open, the Bob Hope Classic, the Champions Tour, and more.

Tracing golf's roots in 15th-century Scotland and discussing the surprising statistic that only 25-30% of residents in golf course communities play golf, you'll gain a newfound appreciation for the sport's scenic allure and its broader community impact. Donna and Erik dive into the delicate balance of aesthetic beauty and functional safety in golf course design, especially within residential areas. Discover the evolution of design philosophies over the decades and the challenges of ensuring safety while maintaining visual appeal. They also delve into the emerging trends like par-three courses and 'fun golf' that make the sport more accessible to beginners and families, highlighting how these innovations are reshaping the golfing experience.

Lastly, they tackle the business side of golf, focusing on strategies to revive failing courses through creative residential development. Learn about the infill model and how repurposing empty spaces can breathe new life into struggling golf communities. With personal anecdotes and expert insights, this episode is rich with historical context, design strategies, and business acumen—making it a must-listen for anyone interested in the multifaceted world of golf course development.

Conversation Highlights Include:

Designing golf courses in residential communities or HOAs
How to ensure a golf course is mutually beneficial for residents, including those who do not play golf
Noise and privacy concerns for residents living near the golf course
Environmentally friendly golf course design
Protecting and relocating wildlife
How to revive failing golf course communities
American courses vs. international courses
Advice for developers or associations considering adding or renovating a golf course
BONUS: Find out what it was like to work with Arnold Palmer!

Can ordinary citizens become heroes during a disaster? Discover how Community Emergency Response Teams (CERTs) help everyday people play essential roles in emergency situations. Join Take It To The Board host Donna DiMaggio Berger and guest Dr. Jesse P. Spearo, the Emergency Management Administrator for Miami-Dade County, as they share insights into how CERT volunteers provide critical support, from coordinating community events to distributing supplies during major incidents.

Donna and Dr. Spearo delve into the activation and organization of CERTs through Emergency Operations Centers, illustrating how trained volunteers are mobilized to support first responders and assist community residents until first responders can arrive on the scene. They discuss their crucial duties, including distributing food and water, conducting damage assessments, taking preliminary life safety measures with the injured and handling specific regional hazards like hurricanes, flooding, and heat emergencies. Listen to compelling stories of how CERTs have made significant impacts, including the success of Teen CERT initiatives and the integration of these programs into school curriculums.

In their conversation, they explore the structure and operations of CERT teams, highlighting the Incident Command System (ICS), leadership roles, and the importance of continuous training. They also touch on the legal protections and medical coverage provided to volunteers under the Good Samaritan Law. Wrapping up, Dr. Spearo shares his journey into emergency management and offers practical advice on supporting emergency efforts. Tune in to learn about future trends in the field and how you can get involved in making your community more resilient.

Conversation Highlights Include:

Types of emergencies or disasters CERTs typically respond to
Volunteer training and costs
Key roles within a CERT team
How CERT members are deployed during an emergency
Communication channels used by CERT members
How CERTs integrate with professional emergency services
CERT members and liability in Miami-Dade
CERT equipment
Steps for a condominium or HOA interested in setting up a CERT

Related Links:

Podcast: Surviving the Storm: A Journey Through Hurricane Ian and Beyond with Joseph E. Adams, Becker & Poliakoff
Podcast: Keeping Cool With Jane Gilbert, Chief Heat Officer, Miami-Dade County
Resources: CERT Training Information

Millions of people depend on assistance animals to help them engage in major life activities. On the flip side, some people try to pass off their pets as assistance animals to skirt the rules in pet-restricted communities, restaurants, airplanes, and other places where pets are not allowed. So how do you spot the difference between a legitimate service or support animal and a fake one? Join us for this episode of Take It To The Board as host Donna DiMaggio Berger uncovers the world of training assistance animals with Terry Harris of West Tennessee K9 Training, a top-rated dog training facility in West Tennessee.

Together, Donna and Terry take listeners through the differences between service animals and emotional support animals, shedding light on the rigorous training requirements needed for dogs to assist with various disabilities. There are many different disabilities that proper training can address including: mobility, hearing, vision, PTSD, autism, seizure disorder and more. Discover the specialized skills that these legitimate assistance animals possess and the important role they play in supporting their handlers' daily lives.

Choosing the right breed for service work is crucial. Donna and Terry look at which breeds are best suited for various tasks. Terry also shares where you can find his free online training resources, ensuring you're equipped with the tools needed to effectively train and engage with your canine companion. Don't miss this comprehensive guide to the world of service dog training!

Conversation Highlights Include:

Training requirements for service animals and emotional support animals
Various disabilities that service dogs can address
Training methodology
Certification and documentation typically required for service and emotional support animals
Behavioral standards expected from service and emotional support animals in public spaces

BONUS: Find out the most common mistakes people make when training their everyday pets!

Navigating the complexities of community association governance is increasingly challenging due to evolving laws, heightened personal liability for board members, and onerous regulation including the personal information required of volunteer board members under the controversial Corporate Transparency Act. In this episode of Take It To The Board, host Donna DiMaggio-Berger and producer Claude Jennings Jr. address a host of listener questions and shed light on the most pressing issues board members face today.

Are more board members resigning than ever before? Is a board member required to resign from the board once his or her unit is under contract? How can personnel issues be handled tactfully? Can releases from members adequately protect the association from liability and why are some ESAs so noisy? Donna and Claude debunk common misconceptions about board service, discuss new educational requirements for volunteer board members, and offer strategies for effective governance and keeping your cool so board service doesn't get you down. Get ready for an in-depth guide to navigating the world of HOA and condominium governance.

Conversation Highlights Include:

Board member resignations
HOA events and legal waivers
Emotional support animals
Encouraging community members to serve on the board
Insurance costs and windstorm coverage
Estoppel Certificates
New education requirements for board members

Are you struggling with a hoarder in your association and need practical advice? Do your Association’s books and records need some attention now that new laws in Florida require them to be kept in an "organized fashion"? Tune in to "Take it to the Board" with Donna DiMaggio Berger as she unpacks these issues with a seasoned pro in organizing-Brenda Borenstein from Organized Zone.

Donna and Brenda explore effective organizing principles such as thinking vertically and sorting by category. They also address the mental health challenges associated with hoarding and the critical role of legal counsel in ensuring compliance with governing documents. Brenda shares her insights on identifying and sensitively addressing hoarding issues that disrupt community life, from crammed units to stuffed garages and storage units all of which can create severe health and safety risks for the homeowner and neighboring units/homes as well. Brenda provides a strategic approach to tackle emotionally charged tasks, such as cleaning out a family member’s home after they pass away. Discover how tools like Google Lens can help identify valuable items and learn about using auctions to offset cleanup costs. They also address the sensitive topic of transitioning elderly parents to safer living environments and overcoming their resistance to change. Additionally, they tackle the challenges of downsizing and organizing living spaces when moving from larger homes to smaller, more manageable ones. They offer practical tips on selecting meaningful items to create a comfortable new environment while minimizing trauma for the client.

Tune in to learn how upping your organizational game can significantly reduce stress and enhance productivity.

Conversation highlights include:

The process of organization from start to finish
Hoarding vs. collecting or being disorganized
Common signs someone might be a hoarder
Tips for the association board or manager to approach residents suspected of hoarding
Successful strategies or interventions implemented in hoarding situations
Brenda’s philosophy on getting organized

BONUS: Find out how Brenda hosts regular dinners for 20 guests in her 850 sq. foot home!

The recent flooding in South Florida makes today's episode of Take It To The Board particularly timely. Anya Freeman, the visionary founder of Kind Designs, sits down with host Donna DiMaggio Berger to explain her groundbreaking approach to protecting our coastal properties and shorelines. Anya explains how her 3D-printed Living Seawalls mimic natural marine habitats like mangrove roots. Not only do these seawalls offer structural stability and cost-effectiveness, but they also enhance marine ecosystems by providing habitats for marine life and sequestering carbon. Donna and Anya discuss the materials used, the large-scale 3D printing process, and how Anya’s groundbreaking work caught the eye of entrepreneur Mark Cuban, whose investment helped scale up production and expand her team.

Donna and Anya dive into real-world applications of these living seawalls in coastal cities such as Miami and New Orleans, showcasing their adaptability and long-term benefits. They also address common concerns from homeowners’ associations about costs and permitting, illustrating how successful projects like the Jockey Club in Miami have navigated these challenges. Additionally, they discuss the aesthetic appeal of incorporating public art into seawall designs, making them not just functional but also visually captivating and compliant with city regulations. Don't miss this episode if you're curious about how your community can benefit from the innovation shaping the future of our coastlines and the entrepreneurial spirit propelling these advancements.

Conversation highlights include:

How living seawalls differ from traditional seawall designs
The inspiration for the Living Seawall, and challenges during development
How Living Seawalls benefit community associations
Ecological impact of Living Seawalls
The 3D printing process
Regulatory challenges associated with installing Living Seawalls
Advice for community association leaders considering a Living Seawall for coastal or waterfront properties

BONUS: Learn about Anya's entrepreneurial family and why Anya is a such a big fan of the USA!

Host Donna DiMaggio Berger takes listeners behind the curtain of Florida's legislative process with lobbyist Travis Moore of Moore Relations, Inc. to uncover what lobbyists do, how they do it, and why community association leaders and residents need to know about this process. Together, they discuss the often misunderstood role of lobbying in shaping laws that impact community associations across the Sunshine State. From the financial burdens of campaigning to the vital need for grassroots involvement, Donna and Travis provide an insider's perspective on navigating the political labyrinth while revealing the delicate balance between public perception and the reality of advocating for meaningful changes.

Donna and Travis dissect the complexities of Florida’s new condominium and homeowner association legislation, including the challenge of maintaining safety standards and the strenuous demands placed on volunteer condo boards and owners. The importance of transparency, fiduciary duties, and the potential pitfalls of legislative overreach come to light, highlighting the consequences of hastily enacted laws without thorough consideration of varied regional needs.

They also strip down the legislative process to its nuts and bolts, with HOA legislation as a blueprint. From the initial drafts to the strategic power plays within the House and Senate, the journey of a bill is laid bare. This episode promises a deep and enlightening exploration of the political and personal intersections that shape community living in Florida.

Conversation Highlights Include:

Key pieces of legislation affecting condominiums and HOAs in Florida
The lobbying process, from conception to enactment, for community association legislation
How to balance the interests of different stakeholders
Lobbying challenges for condominium and HOA-related legislation
Trends emerging in condominium and HOA law
Advice for boards or property managers who want to be more involved in the legislative process

Does your association have committees? Do you find them to be a helpful addition to association operations or a harmful "shadow board" with the potential to create liability for the association, its directors and members. Host Donna DiMaggio Berger sits down with Ken Direktor, Chair of Becker’s Community Association practice, to peel back the curtain on the inner workings of committees: the good, the bad and the ugly. The following committees are discussed in this episode: Fining/Grievance; Architectural Control; Landscaping; Social/Entertainment; Document Rewrites; Budget; Neighborhood Watches and more. Find out which of these committees are vital to your community and which may be more problematic than they're worth.

From the dynamics of issuing fines to planning social events, they break down the landscape of community governance, discussing the pivotal roles committees play and how to craft them for success. This episode doesn't just stop at the nuts and bolts of committee operation—Donna and Ken dive deep into the concerns that hold back potential volunteers, like the looming fear of litigation and the sacrifice of personal time. They look at protective measures such as insurance and a trustworthy attorney that can help mitigate risks in connection with these volunteer roles. They also dissect new Florida legislation, including changes to document inspections, to help associations navigate these murky waters with transparency and diligence.

Whether you're a seasoned board member or a curious resident, this episode promises an enlightening journey through the challenges and triumphs of committee service.

Conversation Highlights Include:

Best practices when creating any type of committee
Notice and transparency requirements for different types of committees
Standing committees vs. discretionary committees
Difficulties in getting volunteers for the Fining/Grievance Committee
Liabilities associated with committees
New Florida legislation and changes to document inspections
Bonus: Find out Ken’s hidden talent!

When it comes to community associations, joining forces under a voluntary "umbrella organization" often proves more beneficial than going it alone. Members reap the rewards of shared knowledge, vendor connections, advocacy, and educational resources. In this week's episode of Take It To The Board, host Donna DiMaggio Berger sits down with Ernesto Cuesta, President of the Brickell Homeowners Association (BHA), to share his insights and experiences and hopefully empower other communities to grow stronger together.

From casual meetups to formal meetings, Donna and Ernesto dive into how to find and create umbrella groups and the benefits of becoming involved with one. Ernesto reflects on BHA’s modest beginnings and formative years, offering invaluable lessons on forging a strong and proactive neighborhood alliance.

Donna and Ernesto also spotlight the essential role of education and mentorship in cultivating the next generation of community advocates. To that degree, they discuss Florida's new mandate on board member education, specifically its impact on the dynamics of condominium governance. This episode is not just a look back but a forward-facing conversation about continuous improvement and active participation. Discover the blueprint for building community cohesion and how a collective commitment can shape the future of any area.

The BHA was founded in 1990 and represents condominium communities from Miami River to Rickenbacker Causeway and from Biscayne Bay on the East to SW 3rd Ave. on the West, representing thousands of residents and partnering with scores of businesses, corporations, public associations, stores, restaurants, and other amenities that share the common goal of improving the quality of life for the Brickell community.

Conversation highlights include:

Creation of the Brickell Homeowners Association
How to create an Umbrella Organization of HOAs and Condominiums
The financial model of an umbrella organization and how funds are raised, allocated, and managed
Challenges member communities face
Communication channels and resources used by BHA
Ernesto's Top Tips for community association advocacy

Food does more than just tantalize your taste buds—it can also weave communities together and ignite change. In this episode, host Donna DiMaggio Berger is joined by Tim and Lara Boyd from Mustard Seed Bistro in Plantation to explore how simple community cookouts can spark vital conversations and foster collaboration. They discuss how providing refreshments at gatherings like board and membership meetings often cultivates a more positive atmosphere.

Many community associations feature amenities such as restaurants, cafes, breakfast bars, and barbecue stations near pools. Even in communities without these services, dining out remains a cherished social activity. Tim and Lara share insights from their experiences in the restaurant industry, discussing how they balance family life with business demands and address post-COVID challenges reshaping the dining scene. From adapting lunch routines to managing increased expenses, they delve into the strategies that keep their restaurant thriving. Whether you're a culinary enthusiast or a business professional, this episode promises a hearty dose of inspiration for your next community or corporate gathering.

Conversation highlights include:

What inspired Tim and Lara to open their first restaurant
Challenges in dealing with outside partners and finicky customers
Where they draw culinary inspiration
Challenges in running a restaurant together as a couple
How Covid changed the restaurant industry
Yelp and other reviews
Strategies for keeping talent
Sustainability practices

BONUS: Find out if you have what it takes to open your own restaurant!

Has your association ever faced the challenge of a shadow website or social media page imitating your own? Have you discovered your community's name being used by a business entity without permission? Host Donna DiMaggio Berger, along with guest Valeria Angelucci from Becker’s Corporate Practice, shed light on these common issues. Despite their prevalence, the solution for both prevention and resolution is often just one registered trademark away!

Donna and Valeria reveal how to safeguard intellectual property for community associations, particularly their names and logos. They explore the intricacies of intellectual property, emphasizing the crucial function trademarks serve in preserving the identity of your association. They also share insights into crafting distinctive branding, with real-life examples, including renowned brands like Nike and Lululemon.

Donna and Valeria discuss the expenses and enforcement associated with trademark registration, providing practical advice for addressing inquiries from the United States Patent and Trademark Office. They highlight how a well-protected trademark can forge a stronger sense of community. Whether you're a seasoned manager or a newcomer to community associations, this conversation is an essential guide to mastering the landscape of trademarks.

Conversation highlights include:

Differences between trademarks, copyrights, and patents
Steps and costs involved in the trademarking process for community associations
Limitations or restrictions on what can be trademarked
Legal implications for community associations if their names or logos are not properly trademarked
How community associations can enforce their trademark rights if they discover infringement
Alternatives to trademarking

At some point, every building will require concrete repairs and restoration. If you've ever undertaken a concrete restoration project, you're aware of the many challenges they entail: substantial costs, lengthy time delays, irritation over hurricane shutters, windows and doors, uncooperative owners and the potential for incidental damage. Host Donna DiMaggio Berger sheds light on these projects with guest Alessandra Bianchini, Vice President and General Counsel of Carousel Development and Restoration Inc. Alessandra is the fourth generation of her family to be in the construction industry, and in this episode of Take It To The Board, she does a deep dive into how contractors typically handle these large projects and what your community can expect from start to finish on a concrete restoration.

Their conversation on balcony restoration gets down to brass tacks on every front—from the necessity of removing every last tile to address spalling, to the legal hurdles faced when trying to gain access to units. They also tackle worker safety measures, the importance of expert counsel, and offer advice for associations gearing up for significant inspections. As Donna and Alessandra reveal, it's not just about finding the right team; it's about peace of mind. Join them for a conversation that could provide valuable insights for your community's next major restoration endeavor.

Donna and Alessandra also discuss how increasingly violent weather patterns and climate change can impact the maintenance needs and structural integrity of concrete buildings and also unpack the importance of clear, consistent communication and detailed planning when undertaking concrete repairs in an occupied building. They share best practices for ensuring minimal disruption while keeping association residents in the loop and (mostly) happy during these vital projects.

Conversation highlights include:

Best practices for work crews doing concrete repair and restoration in occupied buildings
What causes concrete to deteriorate and how long that process typically takes
Best practices for re-installing tile or other coverings on balconies, post-concrete restoration
The point at which a building is no longer a candidate for restoration
Impact of climate change on the structural integrity of buildings
Trends and innovations in concrete restoration technology and techniques

Various types of casualty events, including fires, floods, explosions, windstorms, and even the unavoidable burst water pipe, will likely occur at some point in your community's lifespan which means your board will have to submit an insurance claim. That process can make your association feel as if you're going through a second disaster while you're trying to recover from the first one. Host Donna DiMaggio Berger and guest Ken Shriberg, a public insurance adjuster with a track record for turning underwhelming settlements into substantial lifelines, will arm you with the knowledge to face insurance challenges head-on.

Donna and Ken walk through the hidden damages that can derail recovery efforts, emphasizing the significance of exhaustive inspections and the transformative impact a public adjuster can have on your recovery. They recount real-life tales from the field, illustrating how an eagle-eyed adjuster can turn a modest $2 million claim into a $28 million game-changer, emphasizing the importance of expert evaluations in rectifying overlooked destruction.

Donna and Ken also tackle the often-overlooked challenges that association boards face, from understanding convoluted insurance policies to the art of negotiation, and how these hurdles can impact the rebuilding process. They debunk the 10X sales mentality, advocating for collaboration and exceptional customer service as the cornerstones of a successful recovery. By the episode's end, you'll be equipped with a view of how seasoned professionals, from adjusters to attorneys, play a pivotal role in guiding communities through the aftermath of casualty events, ensuring a fair and comprehensive path to restoration.

Conversation highlights include:

How the role of an independent public insurance adjuster differs from the insurance company's adjuster and other professionals in the insurance industry
Evaluation tools used to assess the extent of damage in community association insurance claims
Challenges and issues community associations often face when dealing with insurance companies after a loss
Timeline of a typical community association windstorm claim, from the initial report to the final resolution
Red flags or warning signs that community associations should be aware of when dealing with insurance claims
Key considerations for boards when selecting an insurance policy and how can they maximize their coverage
When it's time to call in an attorney to pursue a Bad Faith Claim

It’s a complex issue that is reshaping neighborhoods and communities across the country. We are talking about Airbnb, a homestay rental experience that has quickly become a major disruptor in the global hospitality industry. It’s also become a major security concern in many private residential communities, with reports of “party houses” and even crime. Host Donna DiMaggio Berger looks at the consequences for residential communities with guest David Schwarte, Texas attorney and co-founder of the Texas Neighborhood Coalition, an organization that tackles the problems associated with short-term rentals.

Together, they share insights into the vacation rental trend, its impact on housing affordability, and the rise in community activism in response. David shares how he worked to persuade local government officials to exclude short-term rentals from residential neighborhoods and how he assisted community associations in using their restrictive covenants to preserve their private residential lifestyle.

Donna and David explore the legislative maze that governs these rentals in Texas and beyond, drawing parallels with the situation in Florida where state-level preemption looms large. The importance of community involvement cannot be overstated, and through tales of town hall meetings and city council persistence, they spotlight the successful grassroots victory that led to change for residential neighborhoods in Arlington, Texas. Learn about the importance of strong, interconnected communities and the efforts needed to protect and fortify them.

Conversation highlights include:

The impact of private residential zoning laws on Airbnb
Arguments of economic benefits for homeowners and local businesses
Claims of a constitutional right to monetize properties
The role of local governments in regulating short-term rentals
How Airbnb model impacts affordable housing
How Community Associations can draft covenants to combat short-term rentals

The topic of defamation has become more prevalent as civil discourse has eroded. Unfortunately, sometimes it is the rare board member and/or manager who has not been subject to some form of potential slander or libel throughout their course of community association service.

Host Donna DiMaggio Berger sits down with the highly respected litigator Keith Grumer of Grumer Law, to guide you through the complex legal terrain surrounding defamation as well as the ubiquitous non-compete clauses managers face throughout their careers. With their help, you'll learn the differences between libel and slander, understand statutory damages in cases of libel and slander per se, and identify crucial communication strategies to avoid potential legal disputes. Donna and Keith also tackle non-compete provisions, providing insights into how these clauses bind both management professionals and the communities they serve.

Donna and Keith talk about the emotional toll board members often face when slander strikes. They examine alternatives to litigation, like the power of an apology. They also outline the critical distinction between opinion and accusation, helping board members discern when it’s time to defend their reputation and when it might be wiser to let cooler heads prevail.

Finally, they dive deep into the psychological battleground of legal disputes, offering practical advice to mitigate the stress and toxicity that often accompany them. Donna and Keith emphasize the importance of maintaining a healthy lifestyle and the power of community support to stay afloat during these trying times. With a thoughtful approach to litigation, they arm you with the tools for a resilient and strategic response to the challenges that come with defending your integrity in the face of adversity.

Conversation Highlights Include:

Various forms of defamation
Difference between libel and slander
How damages in a defamation claim are determined and recovered
Defenses to a defamation claim, including board members’ status as limited-purpose public figures
Elements of a non-compete clause for community association managers
Non-competes under Florida law vs. other states
President Biden’s proposed ban on non-competes
Advice for potential plaintiffs and defendants
Bonus: Find out what the Blue Pencil Rule is!

Does it seem like everyone around you is coughing, sniffling, or under the weather? It’s no coincidence—we’re currently in the middle of cold and flu season. Join Donna DiMaggio Berger and guest Dr. Jason Mansour, Chair of Emergency Medicine at Broward Health, to learn the best ways to stay healthy even in shared spaces. Is loss of smell exclusive to COVID or indicative of other ailments? Donna and Dr. Mansour share how to distinguish between the common cold, flu, COVID, and RSV—without resorting to a barrage of tests. Learn how simple, everyday habits can serve as your armor against invisible threats, like Covid-19 and other viruses that could be lurking in common areas like the pool, lobby and on gym equipment.

Our conversation then pivots to everyone's enemy: MOLD. Given the inevitability of water leaks in multifamily buildings, Donna and Dr. Mansour explore the silent intruder of mold. Learn how to recognize the signs of mold in living spaces, how it can impact your health, and whether certain types pose greater risks than others.

Lastly, they look at mobile health services that can make your community healthier, especially as many residents choose to age in their own homes. Listen now for pointers on staying healthy for yourself and your community.

Conversation highlights include:

Common health challenges people face when living in multifamily buildings, especially during flu and COVID surges
How indoor ventilation plays a role in both preventing and spreading illnesses
Areas and surfaces within multifamily buildings that residents should pay extra attention to when practicing cleanliness
How to recognize signs of mold in living spaces
Differences in types of molds and their health impacts
Health risks associated with using amenities like the pool or a gym
Medical services you can bring to your communities

What’s the secret to a highly functioning community association? Host Donna DiMaggio Berger and Take It To the Board's producer, Claude Jennings Jr. look back on Take It To The Board’s 2023 season and revisit some of the most important conversations about community association living while answering listener questions.

Most new communities are devoid of all but the most basic policies and over the years far too many boards fail to anticipate which policies and protocols can make their jobs, as volunteers, easier. Does your community have the following policies in place and, if not, why not?

Vacant Unit Policy
Water Leak Policy
Handling of Election Materials Policy
Owner Unit Renovation Policy
Board Member Code of Conduct
Owner Civility Code
Director Resignation Policy
Participation at Meetings
Document Inspections
Lender Questionnaire Policy

Donna and Claude examine the best policies and protocols for your community association spiced up with real-life questions from Take It To The Board’s engaged listeners. Donna also opens up about her journey into condominium law and finding balance at Becker, while Claude shares the fulfilling experiences that carved his path in media and podcasting. Listen now to learn how to maintain a community that is not only functional but harmonious.

Conversation Highlights Include:

Best policies and protocols to have in place, post-developer turnover
Individual unit renovations and documentation needed to comply with safety laws
Potential property damage from vacant units
Lender questionnaires
Board member eligibility and director resignations
The biggest mistake boards and managers make when it comes to policies and protocols!

Top Episodes of 2023

The Art of Negotiating the Best Telecommunication Deal for Your Community With Marcie Gershoni, President at Community Cable Consultants
Are “55 and Older” Communities Still In Demand? What Must Be Done to Preserve Your Senior Lifestyle? An Engaging Discussion with Mark Friedman, Becker & Poliakoff
The Impact of Construction Next Door on Your Community with Katie Berkey, AICP, Becker & Poliakoff
Donna DiMaggio Berger Celebrates 50th Episode with Business Attorney and Husband, Michael Berger
Guns, God, and Gab - A Constitutional Analysis with Jay Roberts, Esq.

Ever wondered how a camera can pick out a face in the crowd or if that gym security camera is a watchful guardian or an intrusive eye? Discover the intricate dance between security and privacy in our neighborhoods, as host, Donna DiMaggio Berger, sits down with guest Louis DiGioia from IC Real Time. They shed light on the advanced technology that's safeguarding our communities, from the sharpness of high-resolution cameras to the stealth of thermal imaging. Dive into the heart of today's surveillance systems and find out just how much protection they can offer to your community association, without crossing the fine line into privacy infringement.

Donna and Louis dissect the nuances of surveillance in communal spaces and the crucial role of legal and insurance advice in protecting your association from potential liability. They also discuss the art of deterrence through smartly positioned signage and robust camera coverage, ensuring you're informed about the best practices for maintaining both security and peace of mind.

Zooming in on the future of surveillance, they navigate through the legalities and ethics of facial recognition technology. Donna and Louis also break down the storage puzzle, evaluating network video recorders against cloud-based solutions. For community associations eyeing a surveillance upgrade, this conversation is packed with insights you simply can't afford to miss.

Conversation Highlights Include:

Viewing range of cameras
How to address privacy concerns for cameras in common areas, like pools and gyms
The options boards have in terms of monitoring camera footage
Best practices for storing recorded footage
Facial recognition technology and the safeguards in place to protect privacy
How many cameras are needed for adequate security coverage and what considerations go into location decisions
Night vision technology
Differences between wired and wireless security camera systems
Individual doorbell cameras such as Ring or Nest in communities

Is your older, cash-strapped condominium or cooperative association contemplating a termination and/or sale to a developer? The once rare ideas of a termination and sale have now become much more common as community members struggle to maintain, repair and insure older buildings. Host Donna DiMaggio Berger and guest John Cadden, from the Condominium Advisory Group and co-founder of CF Capital Holdings, discuss terminations from beginning to end and what to expect throughout the process. They tackle the legal, financial, and psychological aspects of termination, the impact of inflation, interest rates, and insurance costs, and the finite lifespan of multifamily buildings.

John's extensive experience in the commercial real estate and banking industries provides insight into the developer's perspective: what grabs their attention - is it an alluring location, the flexibility of zoning codes, and/or the promise of redevelopment possibilities? Donna and John discuss the ever-changing dynamics of the real estate market which bring opportunities - and challenges - including the challenges of dealing with investor owners and the need for clear communication channels to facilitate membership approval.

Donna and John also examine the vital role of the board plays in the termination process: should they remain neutral or passionate advocates for the deal? While providing practical advice for managers and boards, they look at the factors that would encourage a group of owners to consider soliciting offers. Be prepared to come away with valuable insights to guide your journey if a possible sale is in your future.

Conversation Highlights Include:

How a board can best determine the market value of their property
How a board can best assess an offer
What developers can offer to make it easier for elderly or disabled residents who may have to move
The respective roles of the board and association counsel during the termination process
What is a condominium deconversion and how common is it?
What market conditions favor condominiums versus rental buildings?
The biggest challenges associated with a condominium termination
Top tips for associations evaluating whether a termination and sale is right for them

This episode of Take It To The Board sheds light on a legal process that may be needed to help both struggling associations and their individual members. In these challenging economic times, more people are asking whether filing for bankruptcy protection is the right decision for an individual or a struggling community association. Host Donna DiMaggio Berger speaks with attorney and founder of Bast Amron LLP, Jeffrey Bast about the bankruptcy process from start to finish and how it can be used as a successful strategic tool to navigate financial challenges. Jeff has practiced in the insolvency and litigation arena for 30 years.

Together, Donna and Jeff dissect the implications of chapters 7, 11, and 13 of the US bankruptcy code, highlighting how Chapter 11 might serve as an unexpected lifeline for community associations wrestling with serious financial problems like soaring insurance premiums, costly statutory requirements and large damage awards resulting from litigation. They explore the unique and compelling circumstances that may prompt Homeowners Associations (HOAs), condominiums, or cooperative associations to contemplate filing for bankruptcy as a last resort.

Donna and Jeff also venture into the thorny realm of involuntary bankruptcy. Picture being thrust into bankruptcy by your creditors – daunting, right? They demystify this process, highlighting the twin requirements of authority and transparency. They also look at the historical stigma attached to bankruptcy and aim to debunk the misconceptions around this legal process. This episode of Take It To The Board brings a fresh perspective to understanding bankruptcy and how a reorganization might become a more frequent option for struggling associations. The potential of a bankruptcy is not just about failure or a last resort but also about strategy, planning, and ultimately financial survival.

Conversation Highlights Include:

The main differences between Chapters 7, 11, and 13 of the US Bankruptcy Code and what’s best for community associations and individuals
Alternative solutions to explore before considering bankruptcy
How to know when bankruptcy is your last/best resort?
What type of authority does a board need to have to pursue a bankruptcy filing?
What is the lasting impact of a bankruptcy on individuals and entities?
What is the effect on resales within the community if there is a pending bankruptcy?
Key questions your bankruptcy attorney should ask!

Financially strapped community associations are always looking for new revenue sources but is a sound investment strategy a possible path to avoiding large budget increases or special assessments? In this episode, host Donna DiMaggio Berger,along with investment gurus Michael Coady, Chief Strategy and Growth Officer for Slatestone Wealth, and Kenny Polcari, Chief Market Strategist for Slatestone Wealth, discuss how investments can be utilized by both association boards and their residents personally as part of their overall fiscal management. What most association boards want to know is what kind of investment vehicles are suitable for common funds; this trio takes a deep dive into low-risk investment vehicles like US treasury bonds, bank CDs, and money market funds, and how they can offer a lifeline to HOAs and condos.

Their conversation also includes the benefits of making strategic banking choices particularly with regard to precious reserve funds. Donna, Kenny, and Mike also tackle the delicate subject of fraud and the huge losses it can cause while underscoring the role of checks and balances in safeguarding wealth.

On a personal note, they explore the art of wealth management and diversification. What's your risk tolerance? What is your current life stage and are your expectations for amassing wealth realistic enough or ambitious enough? Michael and Kenny help us unravel how multiple factors can shape your portfolio and how you can avoid common investing pitfalls.

Tune in to discover a wealth of knowledge and practical insights. We promise you, it's an investment of your time that will yield high dividends!

Conversation highlights include:

A popular strategy for community associations to invest its common or reserve funds and the potential re-emergence of legislation in Florida that would allow boards to invest common funds more aggressively.
Types of investment products and services that community association boards should consider if they are at liberty to invest common funds
How FDIC insurance works and how it should influence an association’s deposit strategies
The importance of diversification in investment strategies
Key factors individuals should consider when choosing an investment advisor or firm
How the investment landscape has changed in recent years, and how investors are adapting
Advice for first-time investors

BONUS: Kenny Polcari is a media personality with a global following. Can you name the shows on which he is a regular commentator?

Does your community association have an Automated External Defibrillator (AED) or a Bleeding Control Kit (BCK) on hand in the worst-case scenario and do you have trained people on hand to use these devices? Do you have a gym, pickleball/tennis courts, and other recreational amenities where a cardiac event may be more likely? Are you familiar with the responsibilities and value of a volunteer Certified Emergency Response Team (CERT)? Join Donna DiMaggio Berger and guest Dr. Jason Mansour, Chair of Emergency Medicine at Broward Health, as they dive into the details of these vital life-saving tools. Learn about local ordinances that require these devices in multi-story residential buildings, how they operate, and the essential training needed for their use.

In times of emergency, the choice between CPR and AED can be pivotal. Accompany Donna and Dr. Mansour on a journey into the depths of cardiopulmonary resuscitation (CPR). Explore the impact of chest compressions on the heart and brain and the American Heart Association's endorsement of hands-only CPR. Dr. Mansour guides you through the differences between CPR and the use of AEDs, highlighting how a split-second decision can drastically enhance survival rates.

Donna and Dr. Mansour reflect on the importance of being a good neighbor and the role of life-saving equipment in our communities, emphasizing the significance of AEDs, BCKs, and CERTs in multi-family buildings and HOAs particularly those with gyms and recreational amenities where a cardiac event becomes more likely. We guarantee you will leave with a newfound appreciation for these vital resources and their roles in our daily lives.

Conversation highlights include:

Necessary training for safe Defibrillator. (AED) usage
Risks associated with improper AED usage
Where associations can find AED training for their employees
The differences between using a defibrillator and performing CPR
What a Bleeding Control Kit (BCK) is composed of, and how it functions
Advice for CERT members to triage injuries in mass casualty situations
Other life-saving devices community association boards should consider for common areas

As developers continue to build at a brisk pace, community association residents often find themselves sharing space with all types of wildlife including the good, the bad and the dangerous! What would you do if you spotted an alligator in your community pool? How about iguanas or possums snacking on your community garden? A bear tearing through your garbage? This week, host Donna DiMaggio Berger, is joined by Todd Hardwick, a nationally renowned wildlife expert with an astonishing 40-year career. Donna and Todd explore the difficulties of dealing with different types of wildlife in residential communities and the potential liability issues that arise should boards take no steps to intervene.

In this episode, Todd gives us a gripping account of the perils wildlife can pose to humans – the diseases they can transmit, the bodily harm they can inflict and the nuisances they create that can lead to mental distress. Donna and Todd also discuss the controversial issues surrounding the exotic pet trade, impacts on insurance policies, and potential legislative measures. Tune in to this important episode and learn how to avoid undesirable interactions with dangerous wildlife and what to do if you’re confronted by a predator.

Conversation highlights include:

Common wildlife issues in community associations
How to avoid undesirable interactions with dangerous wildlife
Alligators, crocodiles, and caiman-which poses the greatest risk?
How to remove iguanas in the state of Florida
The exotic pet trade and management issues
Top tips if you are confronted by an alligator, bear, or other predator
Which animals are presumed to be harmless but actually aren't

BONUS: Learn how Todd captured a record-breaking 22-foot-long, 250-pound reticulated python that was hiding under a South Florida home!!

This week, our guest and Becker Shareholder, Howard Perl, sits down with hostDonna DiMaggio Berger to share his experiences as both an army veteran as well as a successful PCAM before going to law school later in life. Howard recounts his unique journey from joining the army at 17, to participating in Operation Iraqi Freedom to how his military background inspired Becker's Board Member Boot Camp, a unique military-themed board certification course. Howard's valuable insights, as both a veteran and a PCAM, are a reminder of how impactful life experiences can equip association board members and management professionals for the many challenges they face.

Donna and Howard deconstruct the elements of Becker's Board Member Boot Camp and explain how they will elicit a refreshing level of interaction and engagement from volunteer board members who attend. They also highlight the importance for board members to be able to accurately prioritize community goals and to stay informed about the ever-evolving statutes and best practices in the community association industry. Tune in for an enlightening conversation with meaningful stories and tips that will equip volunteer board members and management professionals with fresh perspectives.

Conversation highlights include:

The most successful ways to enforce association rules and regulations
Does Hollywood get it right when portraying Basic training in the Army?
Insight into Operation Iraqi freedom
How periodic collective training can prevent and heal dysfunctional boards
Why Becker’s Board Member Boot Camp is different from other board certification courses
What most boards get right and wrong!

BONUS: Howard describes memorable moments during his time in Iraq.

Does your community perform background checks on potential purchasers and potential renters? Do your community residents expect their neighbors to be screened for safety and financial capacity purposes? Join Donna DiMaggio Berger and guest Robert Sanchez, a seasoned professional from SARMA, as they unravel the complex world of background checks. Donna and Robert dive into the intricacies of the Fair Credit Reporting Act, the cost of background checks, the challenges of screening foreign applicants, and the potential penalties if your background check is incomplete or inaccurate.

In this enlightening conversation, Donna and Robert unpack the evolution of background checks and debate the importance of credit scores. They debunk the myths surrounding FICO and Vantage scores and provide practical tips for building good credit.

Shifting gears, Donna and Robert focus on the international arena, considering background checks for international applicants and data privacy concerns. They touch on the challenges of running background checks in different jurisdictions, the necessity of parental consent when screening juveniles, and the ever-looming threat to data security. They wrap up by considering the issues that blanket approval policies can pose and discuss about emerging technologies. Robert's valuable insights will surely equip you to better understand and navigate the world of background screening. Tune in as Donna and Robert explore this topic of such importance to so many mandatory community associations!

Conversation highlights include:

Screening potential renters and potential purchasers
Understanding and utilizing background reports
Understanding credit score ranges
Screening costs
Transmitting and storing sensitive information
Understanding the different entities found on a criminal background

Get set for an insightful exchange as host Donna DiMaggio Berger dives into the world of effective leadership with guest, Gary C. Rosen, Managing Shareholder and the commanding force behind Becker & Poliakoff. Donna and Gary discuss what leadership truly means, and the qualities one must possess to successfully influence and inspire others to work toward a common goal or vision. Throughout their conversation, they look at Gary’s transition from a litigator to a top leadership role, while focusing on the differentiators that set Becker apart from other law firms.

Embracing change is never easy, it's a tale as old as time. Donna and Gary look at Becker’s transformative journey, including some resistance when Becker moved its headquarters, and how Gary faced the winds of change head-on. In this episode, they illuminate the valuable lessons that can be gleaned from these experiences, from leading a law firm during a global pandemic to cultivating positive changes within the community.

Fasten your seatbelts as they unravel the nuances of running a successful community association practice, emphasizing adaptability, teamwork, and staying abreast of changing laws. They also discuss the importance of understanding client expectations and the vital role of recreational activities in managing stress. Prepare yourself for an episode brimming with unforgettable insights and experiences!

Conversation highlights include:

The management structure at Becker and other large law firms
Gary’s transition from a very active litigator to a leadership role and what he wishes he had known back then that he knows now
Becker’s involvement in the county effort to assist and rehouse homeless individuals, particularly near the Broward County Library
Where Gary found guidance to manage the COVID pandemic and other crisis events
The essential tools to creating a legacy law firm like Becker
How a law firm should approach client service and satisfaction
How to stay updated on legal trends and changes in the industry

BONUS:

What Gary does to de-stress
Gary’s advice to his younger self
Whose leadership style has inspired Gary

Are you confused about whether your board can stop residents from smoking marijuana in your community even if they claim it is for medical purposes? Join Donna DiMaggio Berger and guest JoAnn Nesta Burnett, Shareholder at Becker, as they unravel the intricacies of marijuana use within community associations. Donna and JoAnn dig deep into the U.S. Department of Housing and Urban Development’s (HUD) current position on complaints related to medical marijuana and look closely at the proof required for smoking accommodations. They also explore the potential dilemmas posed by marijuana use, particularly in multifamily buildings, and discuss strategies that associations can implement to shield themselves from legal repercussions.

Shifting gears, Donna and JoAnn delve into the emotionally charged topic of fraudulent ESA and service animal requests. Their discussion reveals some bizarre requests for accommodations, such as chickens and bees! They share valuable insights on how these requests can impact homeowners’ associations and equip you with practical advice to navigate this minefield. Tune in to learn how to respond to ESA and service animal requests.

Conversation highlights include:

HUD’s position on medical marijuana use in multifamily properties
Handling an employee's medical marijuana breaks
Using an “unlawful use clause” to restrict marijuana smoking
Using a “nuisance clause” to address marijuana smoke odor
HUD’s criteria for evaluating reasonable accommodation requests for emotional support/service animals
How to address criticism of rule enforcement

Does being an attorney make you unhappy? Could the legal profession be the root cause of your stress? Join host Donna DiMaggio Berger and guest Professor Marcia Narine Weldonas they pull back the curtain on the high-pressure legal industry, exploring its impact on mental health and offering several strategies for coping. Throughout their conversation, they explore the surprisingly common traits shared by lawyers, questioning whether the profession attracts a particular personality type or creates certain mental health challenges.

As they navigate the cut-throat competitiveness of many law firm environments, Professor Weldon and Donna share their personal experiences of the pressures, struggles, and victories their legal careers involved. They highlight how a growth mindset and the ability to learn new skills can drive job satisfaction, despite the profession's inherent challenges. They discuss the art of setting boundaries - a crucial skill in protecting one's mental health and ensuring values are not compromised.

The future is here already! Donna and Professor Weldon discuss how AI technology is reshaping the legal profession and its implications on mental health. As daunting as it may sound, they believe AI brings an opportunity to reinvent oneself and cultivate new skills. To wrap up, they emphasize the importance of vulnerability, openness, and grace – as not every loss spells disaster. Tune in for an insightful conversation on fostering well-being amidst the demanding landscape of the legal profession.

Conversation highlights include:

Does the legal field attract unhappy individuals, or does it inherently generate mental health challenges?
Seeking creative outlets and managing stress
Should clients view attorneys as real people with lives beyond counseling them?
Does the competitive nature of law breed unhappiness or the potential for it?
How many larger law firms prioritize growth mindsets among their attorneys?
Do law schools really prepare their students for a career in the law?
How can lawyers carve out personal time amidst growing client demands and competition in the marketplace?
How crucial is it for lawyers to get on board with AI considering privilege, privacy, and accuracy?

Brace yourself for a deep dive into the hot issues surrounding extreme summer heat with host, Donna DiMaggio Berger, and guest Dr. Jason Mansour, Medical Director at Broward Health Medical Center's Emergency Department. Together, they discuss the physical and mental impact of extreme heat events. This isn't just another conversation about the weather - it's a critical exploration of an increasingly dangerous global phenomenon and how community association boards can prepare and protect their residents, employees, vendors, and guests.

Donna begins the episode by guiding you on what associations can do to protect residents and employees from the heat's wrath, including revisiting and/or relaxing certain rules and regulations that might not make sense amid a heat wave, crafting disaster plans, ensuring outdoor workers are hydrating and have access to shade, and implementing smart strategies like limiting daytime activities on your recreational amenities and conducting welfare checks on vulnerable residents.

In the second half of the episode, Dr. Mansour shares expert insight recognizing and managing symptoms of heat exhaustion and heatstroke. Dr. Mansour emphasizes that extreme heat can exacerbate existing health conditions and poses a severe threat to respiratory and cardiovascular health. This episode of Take It To The Board will serve as your cool oasis - a survival guide to extreme heat events. Whether you're a board member, resident, part of a management team, or an association employee or vendor working outdoors in the broiling heat, this episode is packed with vital information to help you stay safe.

With a special mention to our previous episode featuring Miami-Dade Chief Heat Officer, Jane Gilbert, this episode emphasizes the urgency for awareness and action.

Conversation highlights include:

Common sense steps your board can take to lessen the impact of extreme heat in your community
Identifying the symptoms of heat exhaustion and heatstroke
Find out what can be done to cool down once symptoms start
Is it possible to cool down while still outside?
Why certain rules regarding hurricane shutters and blinds should be relaxed
The pros and cons of cooling off in a cold plunge
How extreme heat impacts your vulnerable residents
When to go to the hospital if someone is suffering from the heat
Can heat stroke cause brain damage, permanent or otherwise?

BONUS: Hear firsthand the increased number of hospital visits the recent heatwave has caused.

This week, in Part I of a two-part series, Donna DiMaggio Berger and guest Marcia Narine Weldon, Harvard Law School graduate and University of Miami School of Law professor, explore the intricate intersection of corporate responsibility, consumer rights, and the increasing influence of ESG (Environmental, Social, and Governance) factors in today's dynamic business world. In this thought-provoking discussion, they address the challenges and pressures faced by community association lawyers, volunteer board members, and management professionals in an increasingly divisive environment.

Delving into the sphere of corporate activism, Donna and Marcia examine how companies adeptly navigate legal obligations and shed light on the often-overlooked impact of Corporate Social Responsibility (CSR). Furthermore, they critically assess the role of government in shaping business regulations and its significant effects on consumer rights. The conversation becomes even more fascinating as they navigate the delicate balance of corporate responsibility within private residential communities, emphasizing the paramount importance of transparency and active member involvement in decision-making processes.

In addition to corporate matters, they thoughtfully explore the concept of resilience, the transformative power of grit, and the intriguing possibility of birth order's influence on individual success. Leveraging their personal experiences, Donna shares insightful perspectives on how stepping out of comfort zones aids in cultivating grit and building resilience. They also delve into whether generational differences may impact resilience. This engaging discussion is essential listening for those intrigued by human rights, corporate responsibility, and personal resilience.

Don't miss out on this captivating and informative dialogue that offers invaluable insights for professionals and individuals interested in navigating the complexities of today's business landscape while upholding ethical principles and fostering personal growth.

Conversation highlights include:

What are ‘human rights’ and how to properly use the term.
When companies fail to uphold high standards, what actions can consumers take?
How should volunteer boards navigate corporate governance in private residential communities?
Is it true that negative thoughts and stress don't necessarily indicate unhappiness or poor health?
How negative thought behaviors can be detrimental to a person's mental health.
What strategies can be employed to effectively challenge negative thoughts?
Does the legal profession attract unhappy individuals, or does it contribute to their unhappiness?
Does the competitive nature of law firm environments contribute to mental health challenges?
How can attorneys avoid absorbing the toxicity of their clients?
How to establish more reasonable expectations regarding the attorney-client relationship?
What are the different impacts of anxiety, stress, and depression?
What are some healthy ways to increase dopamine and serotonin levels?

BONUS: Learn whether loyalty in the attorney-client relationship exists and what to do when it disappears

Join us this week as host Donna DiMaggio Berger sits down for a fascinating conversation with Marvin Nodiff, a retired community association attorney and prolific fiction writer. Together, they dive into the world of Marvin's eight novels based on the trials and tribulations of a dynamic young St. Louis community association attorney named Joshua Fyler and the cast of condominium and HOA characters surrounding him. The plots of Marvin's novels will certainly resonate with boards, managers, condo and HOA residents as well as community association attorneys everywhere. Marvin and Donna discuss the various societal challenges he tackles in his novels including cybercrime, judicial corruption, surveillance drones, gun violence, populism, the pandemic and artificial intelligence. From generational gaps inside communities to drones, media and politics, the discussion with Marvin covers a wide range of topics related to community associations. Our host and guest explore legal issues associated with HOAs in different states, the importance of outside professionals for guidance, and the potential implications of artificial intelligence on association operations.

This episode aks you to consider if understanding and compassion might help resolve disputes and assist volunteer directors better navigate the complexities of community association leadership. What does the future hold for community associations and the legal profession? Tune in to this episode and find out!

Conversation highlights include:

How to handle generational gaps in communities.
How successful mediations can prevent full-blown litigation.
How to close the knowledge gap to get helpful, not harmful legislation.
How AI can improve association operations
When should a community association pay a special assessment or just foreclose?
The role of drones in community associations
How trusting should volunteer directors be when it comes to the media?
How much legislative influence do developers have?
The importance of board members and owners being familiar with their governing documents
Just how far might the preemption trend go?

BONUS: Find out how the various “quirky” names Marvin sprinkled throughout the Pinball Lawyer came to be and why

Related Episodes:

Take It To The Board: We’re Not Just Droning On – A Conversation with Drone Experts Chris Tonn and Neil Johnston On Your Community’s Potential Challenges with Drones | Becker (beckerlawyers.com)
Take It To The Board: Why Local Government Matters Most with Vice Mayor Sarai “Ray” Martin of Lauderhill | Becker (beckerlawyers.com)
Take It To The Board: Radical Self-Care Can Change the World with Shelly Tygielski, Founder of Pandemic Love | Becker (beckerlawyers.com)

What would you do if you found yourself in the eye of a devastating hurricane? This week, our guest and Becker Shareholder, Joseph E. Adams, sits down with Donna DiMaggio Berger and relives this very question when he rode out Hurricane Ian in his home on Fort Myers Beach. In this gripping episode, Joe shares his harrowing experience and provides valuable insights into preparing for and recovering from such catastrophic events.

From the chaos of managing a team of 30 lawyers during the hurricane to navigating the insurance crisis, Joe's story is one of resilience and determination. We dive into the challenges of obtaining insurance coverage, the problem of overcharging for remediation services, and the importance of being part of a larger team in times of personal tragedy. Joe also sheds light on the role of technology in the legal profession and the increasing presence of lawyers in the US.

But how does one embrace life's uncertainties and survive multiple disasters? Joe's incredible experiences, including surviving lightning strikes, a massive car pile-up, and a horseback riding accident remind us all of the importance of being prepared for the unexpected. Join us for this thought-provoking and inspiring episode that will change the way you view the world around you.

Conversation highlights include:

A Birdseye description of Hurricane Ian's destructive path.
Lessons learned when riding out a storm at home.
Steps needed to get back up and running after the storm
The challenges that community associations face when preparing for and recovering from a major catastrophe
Why some communities have decided to terminate and sell
The one thing Joe wishes more boards would do.
How being part of a large legal team helps not only the clients but the lawyers
What the next generation of community association attorneys should expect

In today’s episode, Donna DiMaggio Berger sits down with Vice Mayor Ray Martin of Inverrary to discuss why it is important to keep most regulation at the local level – particularly in large, diverse states –rather than using a “one size fits all” solution at the state level. They dive deep into what is driving the trend towards states adopting the preemption doctrine to place important decisions out of reach for local government including the most local of all governance – your HOA. The preemption doctrine provides that a higher authority of law will displace the law of a lower authority when the two authorities conflict. One example of preemption involves states who will not allow their local governments to regulate short-term rentals such as Airbnb. Additionally, learn how Vice Mayor Martin and his fellow Commissioners are brainstorming to protect their city’s residents who live in older multifamily buildings from losing their homes due to skyrocketing assessments. As a veteran who served in the US Army for 22 years, Vice Mayor Martin also discusses how his company, Extreme Government Solutions, could help elderly residents living alone in condos and HOAs without any family support.

BONUS: Do you know the name of Inverrary’s very famous resident and how he put the city in the spotlight for many years?

In today's episode, Becker Shareholder Jay Roberts, who represents community associations and developers with respect to all aspects of creating and operating planned community developments throughout Northwest Florida, sits down with Donna DiMaggio Berger to discuss two thought-provoking questions:

Should commonly accepted rules regarding signs, flags, and holiday decorations be considered unenforceable because they potentially infringe upon constitutional rights?
Conversely, in a community association context, do residents' constitutional rights to free speech, freedom of assembly, and the right to bear arms lose their applicability if restricting these freedoms serves the greater good?

To shed light on the topic, they will delve into the 1945 US Supreme Court landmark case of Shelley v. Kraemer as well as several recent US Supreme Court cases relating to the Second Amendment. This case established the framework for determining whether private covenants violate the equal protections clause of the 14th amendment. The pivotal question revolves around whether a mandatory community association can enforce specific private covenants and restrictions, which greatly depends on whether the association is considered a state actor.

Donna and Jay will explore various scenarios, such as whether individuals living in mandatory community associations have an unrestricted right to display political signs on their property, express their opinions online, conduct religious services in the clubhouse, or bring firearms to board or membership meetings.

Conversation highlights include:

Which of the amendments in the U.S. Bill of Rights are most commonly raised as a defense in association disputes.
The definition of a state actor and whether a condominium, cooperative, or homeowners' association qualifies as one.
Whether a Board of Directors with rule-making authority may prohibit political signs, for sale signs, contractor, and other types of signs.
Which flags are protected under Florida law.
How speech at board or membership meetings may be regulated and whether resident civility codes and board member codes of conduct create a reasonable communication framework.
Whether a community can prohibit religious services in the common areas or in individual homes in the community.
How to navigate the tricky landscape of regulating and/or promoting holiday decor and social events.
Two landmark Supreme Court cases on guns and how those rulings impact your community's desire to regulate guns in your common areas.

BONUS: We end with a bit of constitutional trivia. See how well you do!

This week, Take It To The Boardis proud to release its 50th episode! This podcast was started with the goal of giving its listeners a glimpse into the inner workings of a community association including the good, the bad, and the ugly. Now, it is only fitting to give a glimpse of its host, Donna DiMaggio Berger, who is joined by her husband, Michael Berger, a fellow University of Miami Law School graduate.

Michael explains how his work as a business attorney draws upon his experience as a former owner of a manufacturing business with retail, wholesale, catalog, and internet operations. His experience provides a unique perspective on the business and legal needs of small to medium-sized entrepreneurial operations. Michael also discusses his work serving on the Broward County Human Rights Board over the last few years encouraging treatment equality and discrimination prevention.

In this episode, Donna and Michael discuss how they met, their unorthodox introduction to the condominium approval process when they purchased their first home in Aventura, a special assessment they paid as new homeowners for a problem-plagued skylight repair project, and their separate experiences later serving on their Broward County HOA Board.

Conversation highlights include:

What kind of community association disputes are heard by the Human Rights Board and the mission of that organization.
How to get off on the right foot with new members of a community and whether there is a solution to owners failing to read their governing documents.
The types of communication channels that foster transparency and community spirit and how volunteerism can benefit the association.
How to make the community association lifestyle a positive – not a negative – experience.

BONUS: Michael reveals two things about our host that most people don't know – but some may suspect! :)

Professor Harold "Hal" R. Wanless, Chair of the Department of Geological Sciences at the University of Miami and Dr. Esber Andiroglu, Associate Professor of Practice in the Department of Civil, Architectural, and Environmental Engineering with a secondary appointment at the School of Architecture at the University of Miami, sit down with host Donna DiMaggio Berger to discuss the devastating impacts of sea-level rise. This episode is especially timely given flood waters that recently turned parts of Broward and Sunrise Boulevards in Fort Lauderdale, Florida, into an unfathomable makeshift marina causing damage to property and infrastructure, disrupting transportation, and posing a threat to public safety. While the torrential downpour has wreaked havoc on the city, we hope it will prompt a greater sense of urgency to address the effects of climate change and invest in sustainable infrastructure to prevent such disasters from occurring in the future. Join us as we talk about how coastal communities are currently repairing and upgrading their seawalls to comply with local ordinances, and the challenges they face in levying large special assessments to fund these projects.

Professor Wanless co-authored an article that begins, "It's been happening so slowly that most of us are missing what may become the most awesome display of the century. Sea-level is rising." What might surprise you is that he wrote that article in 1981. He has been writing and talking about climate change and sea-level rise for more than three decades and has been at the forefront of studying the impact of climate change on sea level rise and its effects on low-lying coastal areas. He has been particularly vocal about the vulnerability of South Florida to rising sea-levels and has warned that large portions of the region may become uninhabitable by the end of this century if the issue is not addressed. In addition to being an advocate on climate change, in 2011 Professor Wanless founded the Advanced Climate Leadership Training Series: Empowering Capable Climate Communicators. The event has been held annually ever since.

Dr. Andiroglu is a registered Professional Engineer and a LEED AP accredited educator with an academic focus on building environmental systems, water resources, and sustainability areas. His research area of interest is aimed at development of engineered solutions related to smart water-energy infrastructures in response to climate change challenges in urban community settings. He is currently engaged in a U-Link research project which focuses on the development of the next generation of coastal structures in response to climate change.

Conversation highlights include:

The latest projections for sea level rise in Florida, other parts of the US, and globally.
Which forecasting models are the most reliable.
How climate change and the resulting sea level rise are impacting property values, insurability, and quality of life.
The history of seawall construction, current standards and where the technology is headed.
How to discuss and combat sea level rise with your members, your elected representatives, and your professional advisors.
How to implement possible solutions.

BONUS: Feel like you're back in college taking a class with 2 esteemed University of Miami professors!

More and more condominiums and HOAs are converting tennis and shuffleboard courts into pickleball courts but is everyone happy about the “pickleball mania” that has seized the nation? Join us this week as host, Donna DiMaggio Berger sits down with guest, CA Messana, a member of Team Phantom, a family run, small business dedicated to creating premium pickleball paddles and products that give players an advantage over their opponents and enhance their playing ability and enjoyment. Team Phantom strives to combine power, precision, and performance while focusing on the inclusive nature of pickleball that revolves around fun and friendships.

Conversation highlights include:

What three sports form the basis for pickleball?
What is the origin of the pickleball and its name?
How complicated are the rules of the game?
What are the types of equipment and clothing needed to play?
What are the demographics for pickleball players? Is it more popular amongst one demographic than another?
Is pickleball inherently noisier than tennis?
Will pickleball ever be celebrated the way tennis is?

BONUS: Pickleball may be less strenuous than tennis but there’s still a risk of injury. Find out which injuries are most common.

Donna DiMaggio Berger sits down with Chief Commercial Officer, Dave Davis, and Key Accounts Licensing Manager, Scott Templeton of Motion Picture Licensing Corporation (MPLC) to discuss the proper licensing needed when playing or streaming copyrighted work in community association common areas. That’s right - if you have music in your elevator or your building is hosting a movie night in its theater, your association can face a hefty fine if you don't have the proper license to cover the use of the copyrighted work. So, if you were thinking about skipping this episode because you believed it had no application to your community association? Think again.

Prior to joining MPLC, Dave held successful roles at NBC Universal, Paramount Pictures, and 20th Century Fox where he served as SVP of International Licensing & Distribution. Scott comes from a 25-year background in the property management and REIT industries, specializing in working with large corporations, PMC's, Owner/Operators, MDU locations, and HOAs.

Conversation highlights include:

The types of entertainment that constitute copyrighted work.
What constitutes a public showing of copyrighted work.
How violators of copyright law are discovered and what kind of penalties they can face.
What the Motion Picture Licensing Corporation does (hint: it includes an umbrella!) and how much it costs.
Why a bulk telecommunications agreement does not convey rights to use copyrighted work publicly.
How individual resident violation of copyright laws may land Condo or HOAs in trouble.

BONUS: learn some inside scoop from a Hollywood Insider!

Donna DiMaggio Berger sits down with guests Chris Tonn, CEO and Founder of Pelican Drones and Co-Founder of Rocket Drones and attorneyNeil Johnston of Hand Arendall Harrison Sale LLC, drone expert and leader of its Real Estate, Land Use and Timber Practice Group. Over the last few weeks many of us have been looking up at the sky more often with Jupiter & Venus shining brightly, reports of Chinese Spy Balloons, and possible UFO sightings. While you were looking up, you may have caught sight of an Unmanned Aerial System (UAS) or an Unmanned Aerial Vehicle (UAV) aka, drones. Perhaps you’ve seen one of these devices flying around a beach, park, or even in your neighborhood. Today’s guests are both well versed in drones, how they were developed, what they can do, what problems they solve, what problems they cause, and where this technology is headed. Join us as we discuss Pelican Drones, Rocket Drones, and the legal side of drone usage.

Conversation highlights include:

What is a UAS and a UAV?
What is the origin of drones?
What kind of training or license does a person need to operate a drone?
What kind of data is collected by drones?
Are there privacy, nuisance, and property damage concerns?
Hobbyist vs. commercial drone usage
What policies should boards adopt regarding drones?
Using drones to confirm violations in out of way places.
Is shooting down a drone flying in personal, private space permissible?
What is insurance coverage like for drones?

BONUS: What do recent Chinese Spy Balloons have to do with Drones? Where is drone technology headed in the next few years?

Donna DiMaggio Berger sits down with guest, Jules Trump, a South-African born businessman and one-third of The Trump Group. His wife of 50 years, Stephanie, and his younger brother and business partner, Eddie, comprise the other two-thirds of the team. Also known as “the Other Trumps,” they have amassed a truly impressive empire consisting of luxury real estate developments and hotels in Florida and California and technology start-ups in Tel Aviv.

Jules was profiled in a 2021 Forbes Magazine article by Peter Lane Taylor entitled, “Meet America’s Most Under-The-Radar Real Estate Developers Who Just Built The Finest Residences In The World,” which timed nicely with his latest luxury project, Estates at Acqualina. Near completion, Donna recently toured the $60 million dollar, four-story, 45,000 square foot building amenity palace known as the “Circus Maximus.” This property includes a bowling alley, Formula One race car simulator, golf simulator, surfing pool, movie theater, indoor ice-skating rink, 13,000 SF fitness center with a boxing ring, three outdoor gyms, a live Wall Street trading room, soccer, basketball, and bocce courts, a two-story private nightclub, and an award-winning Greek restaurant, Avra.

Join Donna and Jules as they reminisce on the early days of Williams Island, discuss the present building trends, and look toward the future of what may come.

Conversation highlights include:

How Sophia Loren became a brand ambassador for Williams Island.
Details about working with Karl Lagerfeld.
The most important appealing item for most purchasers of luxury real estate.
Florida luxury real estate competition.
Working with third-party architects and designers vs. an in-house team when designing a new community.
How much does the local Design Review Board change developers’ initial designs?
Is the development of more affordable housing in the Trump future?
Is design taking a backseat to necessity and affordability?
Emerging development trends - are people going smaller or simpler?
The Trump Group’s standard operating procedures for developments.
How did the Champlain Towers tragedy impact development on Florida’s coastline?
What’s next for The Trump Group?

BONUS: What does "the Donald" think about the Trump Group?

This week, Becker Shareholder Kathleen "Katie" Berkey, AICP, sits down with Donna DiMaggio Berger and explains how she helps clients deal with all sorts of issues related to their property. As Mark Twain once said, “Buy land, they're not making it anymore,” and truer words have never been spoken. Land remains invaluable and there is often a developer looking to build, renovate, or demolish any given property. When a project like this commences, it can bring a host of headaches and trouble to those living next door.

Katie Berkey is a Florida Bar Board Certified Specialist in City, County, and Local Government Law and is a certified Professional Planner by the American Institute of Certified Planners. Katie is the only practicing professional to hold both credentials in Southwest Florida and one of eight statewide. She represents clients in zoning, land use, and planning matters and represents clients in local government administrative matters before city and county commissions, councils, and boards. Katie has been recognized by various publications and organizations as one of the best lawyers in America, a Florida Rising Star, a member of the Legal Elite, a Legal Up & Comer, one of the Top 40 Under 40, and Woman of the Year!

Conversation highlights include:

How can volunteer boards, managers, and association residents stay alert to possible land use changes in their vicinity?
How to determine if a proposed new development presents an incompatible commercial use with the existing neighborhood?
What are typical deal points in a shared use agreement with a developer?
How prevalent is the NIMBY (Not in My Backyard) mindset?
What kind of next-door development do people fear the most?
Why do local building departments often cite the association for certain violations when it might be the owners who created the violation without the association’s knowledge or consent?
Who should attend a municipal or county Code Enforcement hearing with an attorney?
What can be done when a city wants to repave streets in a community or enforce traffic violations but is requiring an onerous indemnification agreement from the association?

BONUS: Katie discusses various valuable resources for working moms and discusses her work with the Mother's Milk Bank of Florida.

This week, Donna DiMaggio Berger sits down with Sarah Emmons, the Florida Regional Director of the Anti-Defamation League (ADL), to discuss recent incidents of hate symbols being placed inside community associations, how antisemitism takes root and what can be done to combat it. Specifically, Sarah and Donna discuss the 2022 Weston Hill’s hate crime that took place inside the upscale Hunters Pointe Park community. For over a month, residents were met with ongoing racial slurs and antisemitic messages written on their playgrounds and swastikas in and around the restrooms at the Weston Hills Country Club. Eventually, the Broward Sheriff’s Office were able to arrest three teenagers all of whom lived inside the Hunters Pointe Park community.

At the ADL, Sarah leads Florida’s anti-hate efforts which includes responding to antisemitic and hateful incidents and delivering anti-bias educational programs in schools, colleges, and workplaces. She also leads advocacy efforts that protect marginalized communities. Prior to joining the ADL, Sarah was the Executive Director of Achieve Miami, an education non-profit that seeks to close opportunity gaps for under-resourced youth. Sara holds a master’s degree in Public Policy from the University of Chicago Harris School of Public Policy and a B.A. in Economics from Middlebury College.

Conversation highlights include:

How many hate groups are operating in Florida?

What are some of the reasons that antisemitism seems to be increasing both in America and around the world?
Can society achieve a hate-free world?
How many hate groups are operating in Florida
Antisemitic statistics in Florida and nationally
Understanding what it means to be “antisemitic"
What should, or can the Association Board or Manager do when antisemitism rears its head?
Is there a correlation between antisemitism and other forms of bigotry?

BONUS: Sarah shares other anti-bias organizations she is working with around the world

This week, Becker Shareholder Mark D. Friedman, who provides legal counsel to condominium, homeowner and cooperative associations, sits down with Donna DiMaggio Berger to discuss “Housing for Older Persons” communities including their legal requirements for establishment and whether these communities have the same appeal today as they did in the past.

Conversation highlights include:

Mark discusses the three legal requirements that allow a community to safely classify itself as Housing for Older Persons.
What is the 80/20 Rule and why do many realtors misinterpret it?
How long can underage people occupy a unit in a senior housing community before that unit is counted as being non-compliant with the age restrictions?
What kind of age identification documents can be used for the community census and how should associations handle that sensitive information?
How to combat fraud when younger purchase applicants claim they will live with someone older for approval purposes only?
Are senior communities more resistant to recessions?
The sensitive business of evicting younger people from their homes.
Housing trends related to the senior lifestyle.

BONUS: What Japan can teach others about living with senior citizens.

Marcie Gershoni, President at Community Cable Consultants, is an experienced Cable professional having worked as an account executive for Comcast and then in the Cable Consulting field. Marcie has been involved with the telecommunications industry from both sides of the aisle as the provider and the consumer. She also has two decades of experience with the construction industry which provides her with, yet another layer of understanding of the infrastructure and technology associated with cable, internet, and phone service. Marcie sits down with host Donna DiMaggio Berger to discuss the playing field that volunteer board members must understand when navigating and negotiating the most beneficial cable and Internet agreements for their communities.

Conversation highlights include:

-What deal points should boards consider when evaluating their telecommunication offers?

-What kind of leverage does an association really have to negotiate favorable terms?

-How long is too long of a term for a telecommunications contract?

-What are "door fees" and should every community push to receive them?

-How have streaming services impacted cable deals and is bulk cable still desirable with all the other options out there including streaming services and satellite?

-Marcie explains how the technology in her industry has evolved over the years and what to expect next.

-How is a consultant's fee calculated and who pays it?

BONUS: Marcie reveals the deal terms that most people wouldn’t think to negotiate but should!

Today’s guest is unlike any other. A teacher, publicspeaker, andauthor, Shelly Tygielski, is a self-careactivist and community organizer helping leaders to do the “inner work” of radical self-care to create mindful communities. After spending nearly 20 years in Corporate America, working for and leading Fortune 1000 organizations, including one of the largest community association management companies in the United States, Shelly walked away from her corner office and started on the path of mindfulness and meditation. She began her journey by teaching free meditation classes Sunday mornings on Hollywood Beach in Florida, and what started as a group of 12 friends grew into a community called “The Sand Tribe” of more than 15,000 in two years. Sit down with host, Donna DiMaggio Berger, as she and Shelly discuss the

initiatives Shelley has created that are committed to driving real social change. Honored by CNN Heroes in 2020 and featured on Oprah Winfrey’ s series, “Good People Doing Great Things,” Shelly is a student of the Shambhala Buddhist tradition, certified in Mindfulness-Based Stress Reduction (MBSR) and, is referred to as one of the most “powerful women in mindfulness.”

Conversation highlights include:

How leaving the corporate world can change your life.
How mindfulness can be utilized in community associations to integrate new purchasers and defuse conflict in an association setting.
How traumatic experiences can influence your life
How Shelley’s work can help boards gracefully handle “aging in place” situations with dignity for everyone involved.
A peek into Shelley’s book, Sit Down to Rise Up.
How joining a group can help accomplish personal goals.

Condo and HOA battles make the news fairly frequently and when they do, volunteer board members, managers and residents need a crash course on how to interact with the media on a moment's notice. Laura Guitar, President of marketing communications firm, Reputation & Risk Advisors, a division of RBB Communications, joins host Donna DiMaggio Berger to discuss the ways her team focuses on crisis preparedness planning, issue-oriented campaigns, litigation communications, and programs to mitigate reputational risk whenever a community, person or other entity finds themselves in the media's crosshairs!

In this episode:

Learn the steps a person should take when a member of the media first reaches out for comment on a story.
How can someone avoid being misquoted?
Are members of the media bound by any specific code of ethics?
Does refusing to comment on a story have a negative connotation?
Do negative stories regarding a particular community lower the property values in that community?
What exactly should the role of media be when telling human interest stories?
How often does the media rush to judgment and then fail to provide follow-up on important stories?
How affordable is crisis management for the average community association?

Bonus: Laura discusses the continuing trend of diminished trust in the media and what members of the media do to restore that trust.

Tim Marshall, a Florida Registered Professional Engineer, Florida Building Inspector, and a Special Inspector, sits down with host Donna DiMaggio Berger and discusses just how busy his days have become since the passage of SB 4D, the new safety law in Florida requiring thousands of older coastal buildings to undertake milestone inspections within the next two (2) years. Founded in 1986, Tim is also the president of A.T. Design. A.T. Design provides forensic structural investigations, concrete deterioration and restoration investigations and assessment, roof investigation and consulting, construction management and project administration, hurricane damage inspections, post tension cable repair, expert testimony and more. The passage of SB 4-D during the Florida Legislature’s Special Session in May 2022, requires significant changes for thousands of Florida multifamily communities. These changes include mandated engineering inspections and reports, new structural integrity reserve studies and non-waivable, full funding of certain reserves.

Conversation highlights include:

The new safety law is tied to building height but how is that height calculated?
Find out how a structural engineer determines if substantial structural deterioration exists.
What credentials are required to qualify as a Special Inspector and when are their services needed?
Just how significant is the structural engineer shortage in Florida?
What qualifications does an Engineering Intern have and can an intern assist with any aspect of the milestone inspection?
Engineers are required to notify the local building department if they find life safety issues in a building. Other than the obvious inconvenience to the residents associated with an evacuation, why would engineers be reluctant to order evacuations if there are serious life safety concerns in a building?
What should the role of local government be in terms of ensuring that residential buildings remain safe for occupancy?
Find out how often Tim is asked to attend board or membership meetings, how well attended those meetings are and how strong he must be when attempting to communicate a structural issue.
What can the average community resident do to become more aware of a building’s condition?
What resources are available to boards when they are looking to hire an engineer?
How often do boards seek a peer review on an engineering report and is that advisable?

BONUS: Tim discusses the average length of a 40- or 50-year certification report, its costs, and the preferred engineering language to use in those reports.

Did you know that shared ownership communities are prime targets for con artists and fraudsters? And that even the best association employee can be tempted to join those ranks?

Former Palm Beach Police Chief Michael Reiter tells host Donna DiMaggio Berger that the best way to “keep honest employees honest” and to protect an association’s financial resources is to put systems in place that require multiple approvals for expenditures and encourage regular questioning of itemized invoices. Michael also outlines the telltale signs of fraudulent activity, some of the top cons he has ‘busted’, how to handle the threat of violence in the community, and so much more.

BONUS: Unclear on who is responsible for finding fraud in a community association? Hear the surprising answer from man who led the original – and only successful – investigation of sexual predator Jeffrey Epstein.

If you’re in the elevator business, the effortless and constant up and down momentum means business is good. But for community association boards and residents, elevator safety, maintenance, and even innovation can truly test one’s sanity.

Host Donna DiMaggio Berger challenges featured guest Todd Schwartz (Founder, Connections Elevator) to clarify the inner workings and ultimate impact of American society’s most prolific ‘people mover’ – and then invites him to explain how his interest in creating stability around elevators expanded to streamlining the installation of electric vehicle charging stations throughout Florida's community associations.

BONUS: Learn what a #Shabbat elevator is from the very person who represented the U.S. in tennis during Israel’s Maccabiah Games.

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When there’s a dispute that can’t be resolved amicably, lawsuits are not the only option. Mediation and arbitration are often used to save both sides considerable amounts of time and money. In this episode of Take It to the Board, host Donna DiMaggio Berger speaks with former Judge Jeffrey Streitfeld, who has worked on legal disputes from nearly all sides. Jeff is currently certified by the Florida Supreme Court as a Circuit Civil Mediator, though he previously served as a trial judge, and was even one of the founding members of Becker back when the firm known as Becker, Poliakoff & Streitfeld. Jeff Streitfeld was known for pushing boundaries and creating new caselaw for community associations in Florida. He was elected to the bench in 1990 and was reelected three times without opposition, serving as a trial court judge for 24 years while presiding over nearly 400 jury trials. Donna and Jeff discuss how people can find common ground in their disputes without ever stepping foot in a courtroom.

Highlights Include:

What are the different types of mediation?
What are the basic elements of mediation?
Are board members or owners who want to go to court over the “principle” of the matter making a costly mistake?
What is the difference between voluntary mediation and court-ordered mediation?
What are the challenges when either party shows up for pre-suit mediation without counsel? How does that dynamic change the role of the mediator?
When evaluating costs and successful outcomes, what is the difference between mediation and litigation?
Is there currently a trend towards informality in courtroom decorum?
What can an association board and its counsel do to prepare for mediation to make it most effective?
How long do mediations take?
Who should attend a mediation on behalf of the association?
How does a mediator deal with an uncooperative party?
What kind of disputes can a mediator typically resolve?
Is there any truth to the charge that “fat cat” and other inconsequential cases clogged the courts in Florida before pre-suit arbitration was mandated?
How are association mediations different from other civil matters?
If an agreement is reached, how important is it to have it drafted at the mediation, as opposed to just “doing the paperwork later”?
Is mediation preferable to arbitration in terms of consistent outcomes?
How did mediation become so popular as an alternative to litigation?
What is the most important aspect of mediation?
Violence against judges is on the rise. How big a threat do threats to the Judiciary pose for our democracy?

Helpful links:

Becker Lawyers | Legal and Business Strategists
Florida Condo & HOA Law Blog | Powered by beckerlawyers.com
Becker's Online Class Library
TakeItToTheBoard.com
Becker’s Pre-Suit Mediation Practice

Are Robert’s Rules of Order the best way to keep board and membership meetings on track? What are the other uses for this book, which was first published in February of 1876? In this episode of the Take It to the Board podcast, host Donna DiMaggio Berger speaks with Jim Slaughter, one of the premier experts on parliamentary procedure. Jim is a Certified Teacher of Parliamentary Procedure and a Professional Registered Parliamentarian, as well as past president of CAI’s College of Community Association Lawyers (CCAL), the American College of Parliamentary Lawyers, and the North Carolina Chapter of the Community Associations Institute. He has also authored four books on proper meeting procedures, including Robert’s Rules of Order Fast Track 2022, and Notes and Comments on Robert’s Rules 5th Edition. Jim attended the University of North Carolina Chapel Hill for both his undergraduate degree and his law degree.

Highlights Include:
* How does parliamentary procedure assist community associations and HOAs? * Who was Henry Martyn Robert, the Robert in Robert’s Rules of Order, and what does it mean to be a parliamentarian? * Does following Robert’s Rules of Order really speed up meetings or can it bog meetings down when used by inexperienced people? * How can these rules of order and parliamentary procedure keep meetings from getting out of control, especially when it comes to special assessments? * When are more formal meeting procedures appropriate? * Should boards send out a primer before adopting parliamentary procedure? * How would a board’s motion to hire a new general contractor be handled following Robert’s Rules of Order? * What are the pitfalls of not having a parliamentary procedure for meetings? * What are the most commonly used motions at board and membership meetings? * Which motions or procedures are most commonly misunderstood? * What does “point of order” really mean? * How much leeway does a board member have if a motion is worded improperly? E.g. “out of order” vs. “not in order?" * How important is it for managers and board members to fully understand parliamentary procedure? * Now that many meetings are held virtually, how easy is it to use RRO for virtual meetings? What power does the “mute” button have? * What’s new in Jim’s latest book, Notes and Comments on Robert’s Rules of Order, Fifth Edition?

Helpful links:
* Becker Lawyers | Legal and Business Strategists * Florida Condo & HOA Law Blog | Powered by beckerlawyers.com * Becker's Online Class Library * TakeIttotheBoard.com * Take It to the Board: Florida Representative Dan Daley on How We Get the Laws We Get * Jim Slaughter, Parliamentarian

In this second of our two-part episode, host Donna DiMaggio Berger and Marty Kiar, Broward County’s Property Appraiser, continue their conversation about how properties in the county are appraised, how those appraisals can change over time and why Marty’s Office is a helpful resource that all of Broward’s two million residents should know about. Marty is a lifelong Broward resident himself, as well as an attorney, and has an extensive career in local politics. Marty has served on the Airport Advisory Board and the Broward County Housing and Finance Authority, and has been Assistant Town Attorney and Assistant Municipal Prosecutor for the town of Davie. He was elected to the Florida House of Representatives in 2006, 2008, and 2010. In 2012, he was elected to the Broward County Commission and served there for two years, and then followed that post with one year as Vice Mayor, and then one year as Mayor of Broward County. In 2016, he was elected to his current position as Broward County Property Appraiser.

Highlights Include:

How does the Save Our Home amendment to the Florida Constitution work in terms of keeping property taxes low when the property involved is homestead and transporting those homestead benefits from one residence to another?
If a married couple is divorcing, who is entitled to the portability?
Are there times when people ask for a higher assessed value of their property?
How does the Property Appraiser’s Office handle improvements to real property overall? Do they check to see if Notices of Commencements are recorded, or do they wait for the homeowner to let them know?
When units in a multifamily building are combined to make one, larger residence, how is the value of that combined unit assessed?
How does the Property Appraiser value new construction? Is the first bite at the apple the biggest?
Given the size of Florida’s coastline, how can submerged land leases be acquired and what can be done to prevent leases being granted without the adjacent land owners’ knowledge?
Are PACE loan programs tied to real property taxes a good idea?
Marty’s Office created the Owner Alert program which is being applauded by similar offices in other states. How does the program prevent title fraud and property theft?
What is the most misunderstood part of the Property Appraiser’s role?

Marty’s contact information:

Email: martykair@bcpa.net
Phone: (954) 357-6930
Web: www.bcpa.net
Office:
115 S. Andrews Ave., Room 111
Fort Lauderdale, FL 33301

Helpful links:

Becker Lawyers | Legal and Business Strategists
Florida Condo & HOA Law Blog | Powered by beckerlawyers.com
Becker's Online Class Library
TakeItToTheBoard.com
Marty Kiar - Broward County Property Appraiser
Take It To the Board: Florida Representative Dan Daley on How We Get the Laws We Get

With Trim Notices having just gone out to Broward County property owners, our conversation with Marty Kiar, Broward County’s Property Appraiser, is especially timely. Marty’s Office serves Broward’s two million residents. He is a lifelong resident himself, as well as an attorney, and has an extensive career in local politics. Marty has served on the Airport Advisory Board and the Broward County Housing and Finance Authority, and has been Assistant Town Attorney and Assistant Municipal Prosecutor for the town of Davie. He was elected to the Florida House of Representatives in 2006, 2008, and 2010. In 2012, he was elected to the Broward County Commission and served there for two years, and then followed that post with one year as Vice Mayor, and then one year as Mayor of Broward County. In 2016, he was elected to his current position as Broward County Property Appraiser. In this first of two episodes, he and host Donna DiMaggio Berger take a deep dive into exactly how properties in the county are appraised, how those appraisals can change over time and why Marty’s Office is a helpful resource everyone should know about. This is such an interesting discussion, we’ll have to continue it with the next episode!

Highlights Include:

What does the Broward County Property Appraiser’s office do? How does it affect residents’ property taxes?
What is the Homestead Exemption and what does someone have to do to qualify?
Generally what kind of exemptions from property taxes exist in Florida?
What is a TRIM notice, and why is the September 19 deadline to respond so important?
The actual tax bills are sent out in November with a sliding scale for discounts. What are those discounts? What happens if someone misses the deadline and payment is delinquent? What options are there for people who can’t pay their taxes?
How does Marty’s office determine valuation specifically for condominium and cooperative units? Do the type and variety of amenities associated with a particular community affect the valuation of the units?
Do comparative valuations for neighboring properties or units affect the appraisal value?
What are the different metrics used for residential vs. commercial properties?
How can changes in ownership affect the tax assessment?

Marty’s contact information:

Email: martykair@bcpa.net
Phone: (954) 357-6930
Web: www.bcpa.net
Office:
115 S. Andrews Ave., Room 111
Fort Lauderdale, FL 33301

Helpful links:

Becker Lawyers | Legal and Business Strategists
Florida Condo & HOA Law Blog | Powered by beckerlawyers.com
Becker's Online Class Library
TakeItToTheBoard.com
Marty Kiar - Broward County Property Appraiser
Take It To the Board: Florida Representative Dan Daley on How We Get the Laws We Get

Could volunteer board members do their jobs more effectively and less stressfully with the solid communication skills a professional coach can impart? In this episode of Take It to the Board, host Donna DiMaggio Berger speaks with Carmelo Millimaci, Professional Certified Coach. He is a member of the International Coaching Federation and a Senior Coach of Ackert Inc., a leader in development coaching. He also founded Attune Coaching and Consulting. They discuss how community association board members could use their professional skills in their volunteer roles, and how a little coaching could go a long way.

Highlights Include:

What constitutes coaching?
What does it mean to take a coaching approach when trying to resolve conflicts?
What is the professional definition of coaching?
What are the core coaching competencies?
When dealing with a resident violating the rules, how can a board or manager defuse the situation and reach a resolution with that person?
How can a history of conflict between two parties create challenges for the coaching process?
What is an “inquisitive mindset” and how can that help address conflicts?
How can directors with very different views on the community, enforcement, and other issues learn to trust each other?
Is it possible to coach the personality type that can’t really accept consequences?
How important is it to stress diversity on a board? What does diversity contribute?
What questions should new board members ask about their roles and their obligations?
Should community associations craft mission statements or vision statements?
What are the three levels of listening?
How can board members undertake effective planning and goal-setting?
How should boards choose the best “mouthpiece” to communicate with residents, vendors, etc.?
How can board members and managers conduct interviews with new purchasers and tenants to set the right tone?

Helpful links:

Becker Lawyers | Legal and Business Strategists
Florida Condo & HOA Law Blog | Powered by beckerlawyers.com
Becker's Online Class Librar
TakeItToTheBoard.com
Take It to the Board with Marisa DiLenge (Part I)
Take It to the Board with Marisa DiLenge (Part II)
Ackert Inc.
International Coaching Federation
Attune Coaching and Consulting

In this episode of Take It to the Board, host Donna DiMaggio Berger speaks with State Representative Dan Daley, the Florida House or Representatives member for the district which includes portions of Coral Springs, Sunrise, Plantation, and Tamarac. He is the Democratic ranking member of the Redistricting Subcommittee, and he also serves on the Commerce Committee; the Environment, Agriculture and Flooding Subcommittee; Infrastructure and Touring Appropriations Subcommittee, and the Local Administration and Veterans Affairs Subcommittee. Donna and Dan discuss how legislation affects community associations, affordable housing, how community association bills do (and don’t) get passed, and what it means to be a public servant these days.

Highlights Include:

How often do constituents living in condominiums and homeowners’ associations contact their legislators? How personal should legislators get with their social media channels?
What is the Florida Legislature prepared to do to fix the property insurance crisis?
How do boards respond to their residents on fixed incomes who might not be able to afford the increased assessments needed to pay for new safety mandates?
Why do legislators lump community association proposals into one large omnibus bill each year? Why not stand-alone bills? What affect does this have on the bills getting passed?
What can and should Florida be doing right now about sea level rise and its possible acceleration of structural deterioration?
How do Florida legislators balance their part-time work in Tallahassee with full-time jobs? Is a legislative role only possible for certain people with certain careers?
Is the legislature as involved with community associations as it once was?
Is the issue of building more affordable housing in Florida on the Legislature’s radar?
With a limited number of bill slots, how does a legislator decide which bills to sponsor each year?
To what extent do community associations need to be on alert for mass shootings? What role will bills like Jaime’s law, which requires background checks on the sale or transfer of ammunition, have?

Helpful links:

Becker Lawyers | Legal and Business Strategists
Florida Condo & HOA Law Blog | Powered by beckerlawyers.com
Becker's Online Class Library
TakeItToTheBoard.com
Becker's Online Class Library: Budgeting and Reserves

Florida community associations always need money for maintenance, repair, and capital improvement projects, but especially now with new safety laws in place, and Brewster Cole, First Vice President of Valley National Bank, is “the man with the money." Brewster has spent 16 years lending money to condominiums, co-ops, HOAs, and country clubs, and has carved an impressive niche for himself and Valley National in this sector of the lending market. He and host Donna DiMaggio Berger discuss the ins and outs, and the ups and downs, of when to lend and to whom.

Highlights include:

Florida community associations need hundreds of millions of dollars for immediate repair and maintenance projects. Does the fact that many of them need loans to address deferred maintenance or to cure code violations make them less attractive borrowers?
Is it possible that the State of Florida might offer low interest loan programs in the post-Surfside landscape?
What does a lender look for when evaluating an association as a prospective borrower? Will the current property insurance crisis in Florida play a role? How about the number of leased units? Do lenders take pending litigation into account?
How long does the approval process typically take?
Association loans can range from a few hundred thousand dollars to millions. How does a lender determine the limit for a particular association?
What types of loans are available for community associations? Other than construction loans for particular projects, what other types of financing options are there?
How does a line of credit typically work when the association is taking one for a construction project? How do capital improvement projects and/or milestone inspections affect credit?
What is the difference between lines of credit and traditional loans?
What type of collateral is required for association loans?
How important is it to establish and maintain personal relationships between borrowers and lenders?
Once upon a time it was very difficult for cooperative purchasers to obtain financing. What has changed?
Will lenders start seeing older coastal buildings as unacceptably risky borrowers?

Helpful links:

Becker Lawyers | Legal and Business Strategists
Florida Condo & HOA Law Blog | Powered by beckerlawyers.com
Becker's Online Class Library
Becker's Online Class Library: Construction Road Map for Community Associations
Real Estate Law Blog | Powered by beckerlawyers.com
Successful Community Association Living Starts With the Purchase Decision with Marisa DiLenge, Founder of DiLenge Real Estate Team (Part I)
Take It To the Board: Successful Community Association Living Starts With the Purchase Decision with Marisa DiLenge, Founder, DiLenge Real Estate Team (Part II)

Is living in a community association the right fit for everyone? In this second of two installments, host Donna DiMaggio Berger speaks with Marisa DiLenge, founder of the DiLenge Real Estate Team. She has been a licensed real estate consultant since 1992. She is also a member of the National Association of Realtors, a member of the Masters Brokers Forum of Broward County, a member of the Florida Association of Realtors, and a member of the Realtor Association of Greater Fort Lauderdale. They discuss how an experienced and professional realtor is now more important than ever.

Highlights include:

Should home renovations be done for the owner’s enjoyment or always with an eye towards resale value?
Developers love density, but is a pool on top of a parking structure a good idea?
How much due diligence should potential buyers do, particularly when purchasing in older coastal buildings?
What can past board minutes tell a potential purchaser about the community he or she is considering?
How does one find a well-credentialed realtor?
What creates risk when denying an application? Does requiring minimum credit scores really result in a financially healthier community?
Are “55 and Over” communities holding their value?
Is there a conflict of interest when a realtor serves on his or her own board of directors?
How do environmental factors, such as “cancer clusters,” affect the asking price?
Can unauthorized social media pages for a community association negatively impact property values?
Who is getting priced out of the current market?

Helpful links:

Becker Lawyers | Legal and Business Strategists
Florida Condo & HOA Law Blog | Powered by beckerlawyers.com
Becker's Online Class Library

Is living in a community association the right fit for everyone? In this first of two installments, host Donna DiMaggio Berger speaks with Marisa DiLenge, founder of DiLenge Real Estate Team. She has been a licensed real estate consultant since 1992. She is also a member of the National Association of Realtors, a member of the Masters Brokers Forum of Broward County, a member of the Florida Association of Realtors, and a member of the Realtor Association of Greater Fort Lauderdale. They discuss how an experienced and professional realtor is now more important than ever.

Highlights include:

How much longer will the seller’s market last?
What constitutes a reasonable price point?
For the Florida market, where are the buyers coming from these days?
Are the challenges and costs associated with maintaining and repairing older coastal buildings going to make these communities unaffordable for a large portion of Florida’s population? Would some owners be better off selling now?
Will we see a time in the near future when only the very rich can afford to live on Florida’s coast?
Will Florida support affordable housing arrangements similar to New York’s?
Will realtors be the ones to tell purchasers that they need to obtain and review safety and financial reports?
Where does the money for rising insurance rates come from? Do the association documents allow for certain budget cuts to close the gap?
What kind of information can a potential purchaser or tenant reasonably expect to receive from a broker with regard to an association’s rules and restrictions?
What role can a realtor play in communicating rules and restrictions to a potential buyer?
What kind of due diligence and inspections should purchasers undertake prior to closing?

Helpful links:

Becker Lawyers | Legal and Business Strategists
Florida Condo & HOA Law Blog | Powered by beckerlawyers.com
Real Estate Law Blog | Powered by beckerlawyers.com
Becker's Online Class Library

Can you imagine getting 99 people to agree on the same sofa? That is similar to the tasks that lie before Brian Steele, Director of Operations at East Coast Facilities. Among other services, the company provides landscaping to residential communities throughout Florida. In this episode of Take It To the Board, host Donna DiMaggio Berger and Brian discuss how landscaping for community associations is an extension of the real estate asset and how emotions can run high when trying to accommodate different tastes. According to Brian, landscaping choices don’t only boil down to what people want to see, but also what plant material is most appropriate for the space and what the association’s budget can accommodate. Brian also discusses his travels and travails, as well as the curious case of the missing avocados.

Highlights include:

Why people are so emotional about landscaping choices.
The effectiveness of landscaping committees.
How the recent Florida law that makes it easier for a homeowner to remove a tree that “poses an unacceptable risk” might create confusion about what owners and boards can do when they want to remove a tree.
The kinds of trees and plant materials that pose problems for sidewalks, driveways, homes, and pools due to invasive roots or other growth issues.
What is xeriscaping and why does Florida need a law to protect it?
Is there any such thing as maintenance-free landscaping?
How to mitigate against the deterioration caused by abundant plant material and pools when they are located on top of concrete parking structures.
What an association can typically save when asking for a price on post-storm debris removal in advance.
What is “hatracking” and is it okay?
The possibility of getting insurance coverage to replace damaged plant material.
The legal importance of ensuring that hedges are installed and maintained in accordance with all state and local requirements.
How to get the most “bang for the buck” when it comes to landscaping.

Helpful links:

Becker Lawyers | Legal and Business Strategists
Florida Condo & HOA Law Blog | Powered by beckerlawyers.com
Becker's Online Class Library

In this episode of Take It To the Board, host Donna DiMaggio Berger speaks with Becker Shareholder Joy Mattingly, who oversees Becker’s collection and foreclosure practice. Joy is an experienced litigator who represents all types of associations in collecting the delinquent assessments needed to fund the community’s essential services. She’s a graduate of University of Florida’s Levin School of Law and clerked for Judge Mark E. Polen at Florida’s Fourth District Court of Appeals.

Donna and Joy discuss the mechanics of a successful foreclosure practice, what boards need to know about “creative” debt collection companies, and how collection attorneys cope with such a demanding practice area.

Topics covered include:

How to handle the elderly who have “aged-in” to their home and may not be able to pay rising fees.
The importance of establishing collection team roles and managing stress.
Typical steps and claims an owner may take in fighting a foreclosure.
The likelihood of getting a case resolved before foreclosure.
The timeline and steps to finalize an uncontested foreclosure.
The role that bankruptcy might play.
What a “strategic default” is and how you should deal with it.
The role of repayment plans.
What associations need to know about collection agencies and “creative” debt collection companies.
The biggest mistake association boards make when it comes to collecting delinquent assessments.

Helpful links:

Online Class: Collection and Foreclosure Strategies for Community Associations | Becker (beckerlawyers.com)
Becker Lawyers | Legal and Business Strategists
CALL | Powered by beckerlawyers.com
Florida Condo & HOA Law Blog | Powered by beckerlawyers.com
Collections & Foreclosure | Becker (beckerlawyers.com)

In this episode of Take It to the Board, host Donna DiMaggio Berger speaks with Dennis J. Eisinger, who founded Eisinger Law in 1996 and serves as the firm's managing partner. For the past four decades, he has represented all types of community associations throughout Florida, as well as developers, financial institutions, and private equity clubs. He's Board Certified in Condominium and Planned Development Law by the Florida Bar and is an Adjunct Professor of Law at the University of Florida's Levin College of Law.

Dennis has also carved out a unique niche in community association law: smoking. He and Donna discuss how to deal with this increasingly restricted behavior in terms of common areas and neighbors.

Highlights Include:

Can one treat marijuana smoking differently than cigarettes, pipes, vaping, and e-cigarettes?
Should existing smokers be grandfathered in when it comes to an amendment imposing a smoking restriction? If so, how?
Smoking can be a very divisive topic in a community, particularly for the people who are impacted by second-hand smoke. What options do residents have to combat second-hand smoke if amending the documents is not an option?
Who is the protected class, smokers or those affected by second-hand smoke?
Should a board always get involved when two neighbors are arguing over the issue of second-hand smoke or should that intervention be evaluated on a case-by-case basis?
What role can legislators play?
If an owner does have the ability to bring a lawsuit against a neighbor for excessive second-hand smoke, what would the legal causes of action be?
What is the role of one-on-one communication between neighbors?
Can the American Lung Association help communities that are looking to become smoke-free?

Helpful links:

Becker Lawyers | Legal and Business Strategists
CALL | Powered by beckerlawyers.com
Florida Condo & HOA Law Blog | Powered by beckerlawyers.com
Becker's Online Class Library

Florida's current property insurance industry is in crisis, and it’s one that has been years in the making. Private insurers are exiting the state at alarming numbers and Citizens is once again becoming the only option for many community associations.

In Part 2 of this podcast episode, host Donna DiMaggio Berger and Andrea Northrup, Vice President and partner at Insurance Office of America, Florida's largest privately held insurance agency, discuss the growing perils and pitfalls of real property insurance for Florida associations and their owners. (Make sure you click here to listen to part 1 first!)

Highlights for Part 2 include:

· What is umbrella coverage and is it recommended?

· Will Self Insurance Funds (SIFs) make a comeback?

· How much coverage is needed for extreme weather events?

· What is the difference between “suability” and “liability” when it comes to association employees working directly for the residents?

· Does an association need insurance for private events held in common areas, such as a clubhouse?

· Fidelity bonding. What is it and who needs it?

· Payment and performance bonds. Better to have them when you don’t need them, than to not have them when you do.

· Why are some associations not pursuing insurance claims?

· What role does an independent adjuster play?

· What advantages are there to unit owners having their own interior coverage?

· What is subrogation?

· How will this insurance crisis affect Florida’s economy as a whole?

· How can things turn around? Is there one clear answer?

Helpful links:

· Becker Lawyers | Legal and Business Strategists
· CALL | Powered by beckerlawyers.com
· Florida Condo & HOA Law Blog | Powered by beckerlawyers.com
· Becker's Online Class Library
· Association Adjusting – Serving Community Associations throughout Florida

Florida's current property insurance industry is in crisis, and it’s one that has been years in the making. Private insurers are exiting the State at alarming numbers and Citizens is once again becoming the only option for many community associations.

Host Donna DiMaggio Berger and Andrea Northrup, Vice President and partner at Insurance Office of America, Florida's largest privately held insurance agency, discuss the current perils and pitfalls of real property insurance for condominiums and planned unit developments. Andrea is also a member of the Real Property Insurance Committee and the Condominium and Planned Unit Development Committee of the Real Property, Probate and Trust Law section of the Florida bar.

Highlights include:

Is Florida’s legislature addressing the crisis?
What factors should a board take into account when making a decision about property insurance?
What options are left when an insurance carrier becomes insolvent?
In terms of insurance, is Florida in a good position, with hurricane season right around the corner?
How do supply chain issues and labor costs affect the appraisal requirements for necessary placements, such as windows?
What insurance benefits are available when only part of a building is damaged?
What updates or additions to the building are included in the appraisals? If the insurer is not notified, how does that play out when damage does occur?
How do appraisals, maintenance records, mortgage value, and even minutes of board meetings factor into lending? What about the proximity to the ocean?
Where do workers comp claims fit into a general liability policy? What’s the difference between “suability” and “liability,” and who pays for the defense?
What is additional insurance, and what value does it have?

Helpful links:

Becker Lawyers | Legal and Business Strategists
CALL | Powered by beckerlawyers.com
Florida Condo & HOA Law Blog | Powered by beckerlawyers.com
Becker's Online Class Library
Association Adjusting - Serving Community Associations throughout Florida

Many task forces were convened in the aftermath of the Surfside tragedy, including one by the Florida Bar. All of those task forces urged the passage of new laws pertaining to reserve funding and engineering. However, the 2022 Legislative Session in Florida concluded on March 11 with none of those reforms being passed.

Host Donna DiMaggio Berger and Yeline Goin, Becker Senior Attorney and former Executive Director of the firm's Community Association Leadership Lobby (CALL), walk us through a typical day in the life of a lobbyist in the Florida legislature. They discuss whether proposed requirements for funded reserves were just a legislative squabble, what the Florida Clean Indoor Acts can tell us about community association legislation, and the importance of lobbying in establishing clarity in bills.

Highlights include:

What are committee assignments and what do they mean for legislators personally and the bills they want to see pass?
How successful do you think the alternative dispute resolution process is in Florida in terms of condominium and cooperative disputes?
How reactive are legislators to emails and calls from constituents either in support of or opposed to a particular bill?
Just how large a role do lobbyists have in the legislative process?
Are legislators eager to sponsor community association legislation or do they need to be convinced to do so?
Why aren't there more stand-alone bills for important community association issues?
Is 60 days enough for the Florida legislature to get everything done?

Helpful links:

Becker Lawyers | Legal and Business Strategists
CALL | Powered by beckerlawyers.com
Florida Condo & HOA Law Blog | Powered by beckerlawyers.com
Becker's Online Class Library

It’s common knowledge that Florida is one of the hottest markets in the U.S. – whether you’re considering a personal lifestyle upgrade or a new environment for your business. But that influx of people and industry, coupled with the state’s numerous sunny days, is a recipe for an extreme heat event and can spell disaster for an unprepared infrastructure.

Host Donna DiMaggio Berger and featured guest Jane Gilbert – the world’s first Chief Heat Officer – explore the dangers posed by extreme heat in highly urbanized areas and discuss how municipalities around the world are collaborating on solutions to protect both present-day and future communities.

Highlights include:

How Jane’s recent experience as a Chief Resiliency Officer prepared her to serve as the first-ever Chief Heat Officer and what this new role means for communities in Florida and beyond;
Defining the ‘urban heat island’ and how the green street vision for Miami-Dade helps reduce this;
Why awareness of the risk associated with extreme heat needs to be increased and whether naming heat waves would emphasize the importance of safety during rising temperatures;
How community association boards can adjust governing documents to encourage energy efficient practices – green spaces, reflective roof surfaces, upgraded A/C units, indoor/outdoor lighting choices, building weatherization, etc.;
Strategies when considering how to address the disproportionate impact of heat waves on already vulnerable communities, including seniors on fixed incomes, socio-economically disadvantaged, etc.;
Expansion of existing directives to ensure evacuation shelters have adequate backup power for cooling in the event of a widespread outage;
The connection between extreme heat and rising sea levels, and how Florida has integrated its climate action strategies to address both;
How community associations, local businesses, and incoming corporations can collaborate with Jane’s office to identify ways to protect outdoor workers in the construction, tourism, trade & logistics, public safety industries; and so much more.

BONUS: Donna and Jane share a little about what to expect from the county’s three-year action plan, scheduled for release in May 2022 and recommend viewing the Miami-Dade County’s Extreme Heat Toolkit for ways you can stay safe in South Florida.

Shoddy workmanship, whether in a new build or a retrofit, is the bane of any shared ownership community. And trying to avoid or recover from a bad construction job is one of the most important responsibilities a community association board can shoulder.

Host Donna DiMaggio Berger and seasoned construction attorney Patrick Howell swap in-the-trench anecdotes about renovations gone wrong and offer insight into the simple ways every HOA or condo board can improve a construction project from the beginning - or survive the necessary legal action when facing the aftermath of defective construction in their community.

Highlights include:

An overview of the various parties involved in construction projects, along with an explanation of their roles;
The essential items that should be included in every construction-related contract;
How to avoid costly mistakes in renovations;
When to involve attorneys in your construction project;
How to decide whether litigation is the best way to resolve a construction issue;
The pros and cons of the lawsuit vs. the special assessment;
How much time HOAs have to file construction defect lawsuits;

BONUS: Learn what Patrick believes are the biggest problems in new construction today, and how your community can avoid those headaches.

With crime on the rise across the U.S., safety is a leading reason most people believe a shared ownership community is the best housing option. But featured guests Kevin Van Middlesworth (Founder, CEO) and Phil Huber (VP, Client Relations) from Platinum Group Security are quick to remind host Donna DiMaggio Berger that residents themselves play a vital role in keeping a neighborhood truly secure.

The trio offers an unflinchingly honest look at current protection services industry, the security needs and challenges for a variety of associations, what board members and their managers should consider when evaluating their community's security, and the importance of healthy relationships between residents, security personnel, and local law enforcement. They also dig deep into the difference between security and concierge services and the danger of a community-run Neighborhood Watch.

Additional topics include:

The top security services and how trending technology might not be the best choice for a neighborhood;
The question of cost and why price should not be THE deciding factor when choosing a security company;
How staff turnover at a security company causes headaches for the board and could compromise safety for residents;
Why Phil believes the fear of crime can be more disabling than actual crime, how he suggests residents overcome that sense of helplessness, and so much more.

BONUS: Learn about Phil’s experience arresting and interrogating The Dinner Set Gang and Kevin’s pre-Platinum life protecting A-list celebrities, like Eva Mendes and 50 Cent.

In the community association world, nothing pits neighbor against neighbor faster than outdoor holiday decorations. Donna and Andrew wade into the hell of holiday décor complaints and challenges to offer thoughtful solutions that just might help both board members and residents enjoy the festive season as a true community.Get insight into Andrew's time-place-manner approach to developing rules around holiday decorating; why HOAs should not be responsible for regulating taste; the idea that rules should always reflect the values and realities of the community – no one-size-fits-all approach will do!; the importance of striking a balance between genuine expressions of holiday joy and doing so in a way that doesn’t create a nuisance.

Additional highlights include:

How to keep the community spirit alive in ways that are safe, smart, and inclusive;
How communities are handling post-pandemic holiday gatherings and the board’s responsibility to adhere to the same restrictions that residents must abide by;
The necessity for boards (and hopefully, residents) to develop a high level of cultural awareness and sensitivity, particularly when it comes to holidays;
The role of rule audits and community surveys in keeping the board current on the needs and preferences of their community, particularly as it continues to evolve;
The closest thing to a class on Constitutional Law you’ll ever hear on Take It To The Board, examining the relationship of community associations and the freedom of speech;
The connection between community association boards/residents and their elected government officials, and more.

BONUS: Have you ever considered inviting your state representative to a community association function? Your next holiday gathering might be the perfect place to educate current policymakers on what life – and board service – in a community association is really all about.

If you thought property management centered on overseeing the upkeep of a property or building, you’re not alone in that misconception. According to Otto Freund, serving as a community association manager (CAM) is, instead, all about managing people and providing quality customer service to both the association board and the property’s residents or owners. And, while Otto’s last name is pronounced ‘friend’, even he says that maintaining a sense of diplomatic professionalism is more important than being popular when trying to deliver that superior support.

Donna and Otto pull no punches as they discuss the myriad of skills an effective property manager must have, including diplomacy and negotiating talents, accounting/bookkeeping, budget preparation, mechanical knowledge (plumbing, electrical, HVAC), organizational skills for document management and project oversight, disaster planning and recovery expertise to address natural disasters, and more. They also delve into just how important it is to be able to apply all of those through the filter of association life.

Additional highlights include understanding:

Whether the CAM’s priority is to get services at the lowest rate or to be actively committed to strategic fiscal responsibility;
Why CAMs and boards tend to skip over the legal aspect of managing a property and how disastrous that can be;
What the impact of noncompete agreements is having and will continue to have on the larger industry;
A CAMs’ role in community association elections;
What CAMs can do to protect themselves AND their associations from dysfunctional boards; and
The importance of mentorship in preparing the next generation of CAMs.

BONUS: Anecdotes about how to navigate those rock-hard-place scenarios that CAMs face every day, and the surprising intricacies – from mowing to fertilization - of managing an association’s most costly item.

Are volunteer community association board members at the top of your thankful-for list? They are for Donna DiMaggio Berger, who counts their tremendous service during (and in what we hope are the waning days of) the pandemic right up there with the love and support of her friends and family. This special mini-episode explores this and other items on Donna’s gratitude list - and examines her belief that community associations can change the world.

Featuring guest host: Stephanie Maher, Show Producer of Take It to the Board; SVP – Marketing & Social Media for Jaffe

Highlights also include:

How Take It to the Board serves both new members and old hands of the shared ownership community;
What new homeowners need to understand about their HOA, including the significant consequences of violations and when they should retain their own lawyer;
Why the community association lifestyle is becoming - and in some cases is already established as - the preferred model of development around the U.S.

BONUS: Have you heard the one about the goats?

If you’ve watched HGTV’s home renovation shows or any of YouTube’s million+ room makeover videos, you probably have an opinion about what makes a beautiful space. But you might be surprised to learn that aesthetics are only part of the challenge when tackling a community association property improvement project.

Donna and Patty take the gloves off in their candid conversation about the importance of design and how even small updates can drastically increase a building's appeal to new residents.Other topics include:

the top questions boards should ask when evaluating designers for new projects
how community associations can stretch their decorating dollars to create the biggest impact
areas of the community that deserve priority focus
how designers can collaborate with architects and engineers and why boards should insist upon this partnership
best practices when addressing the inevitable inconvenience of an alteration project
how health and safety regulations are affecting the design of multifamily buildings

BONUS: Patty reveals her keys to successfully navigating conflicting design tastes so a project can move forward with full support from both board members and owners.

From building your workplace culture to breaking up with those who don’t fit into it, employing human beings is complex. Donna and Jamie continue the employment law conversation with an examination of the purpose and necessity of employee handbooks, the morass of legal guidelines requiring compliance, and the best way to create and protect a safe work environment, Along the way, they also share stories from their years in service to association boards that illustrate exactly what NOT to do in your own community.

Highlights include:

The importance and benefits of preventative communication
The power of progressive discipline and why escalation should not be avoided
The pros and cons of offering a soon-to-be terminated employee the option to ‘retire’
Addressing the 'untouchable' employee
Clarifying where the final decision to hire or fire rests
What to consider when fighting an unemployment claim
Understanding an association’s duty to investigate
Adopting mandatory COVID-19 vaccinations for employees

BONUS: Learn what Jamie thinks is the number one employment mistake community associations make – and how easy it is to avoid it!

REMEMBER: This discussion is for informational purposes only and not intended to be legal advice. Please consult your association counsel before acting upon any information shared on this, and any, episode of Take It To The Board.

Does your community association hire people? If so, you’ll definitely want to listen in as Donna and Jamie discuss the complicated network of federal, state, and, in some cases, municipal laws that protect both employers and employees – and outline the consequences of mistakenly thinking those laws don’t apply to you.

From the clarity of applying the salary test to the murkiness of how “interstate commerce” can impact your daily operations, this conversation dives deep into some of the biggest employment issues facing community, condo, and homeowner association today.

Be prepared to learn:

how many employees are needed for the Fair Labor Standards Act to apply (you might be surprised!);
the legal test for defining the difference between an employee and an independent contractor and the price you’ll pay for getting that wrong;
the real differentiators between exempt and non-exempt employees and how to manage wage and overtime pay for each;
what leased employment is and how that differs from joint employment;
the power of employment agreements, how to decide when you really need to use them, and a few general ideas of what should be included.

REMEMBER: This discussion is for informational purposes only and not intended to be legal advice. Please consult your association counsel before acting upon any information shared on this, and any, episode of Take It To The Board.

And be sure to come back for more employment-related discussion in Part 2!

If you’re one of Florida’s 18K+ community association managers or a board member to one of the state’s 60K+ shared ownership communities, you know the FLCAJ. Or do you?

Donna and Michael put the publication under a microscope, discussing what it really takes to create and release over 100 pages of educational content that outlines how a process works, offers money-saving strategies, removes managerial headaches, and, ultimately, helps leadership protect its community’s quality of life.

Additional highlights include: Michael’s wish list for future content, why some suggested articles are rejected, how the FLCAJ promotes CAM certification, and whether the digital version will eventually replace the print edition.

BONUS: Hear Michael's surprising response when questioned about his own HOA board meeting participation. (Physician, heal thyself!)

Click here to view current and past issues of FLCAJ.For quick links to full episodes on Apple, Spotify, and Amazon Music, please visit TakeItToTheBoard.com - and feel free to leave a rating or review.
Not in/from Florida? Let us know what regional publications you DO depend on, and we’ll consider how to invite them to the conversation!

Wondering just how responsive a city commissioner can be? Or what it is that they actually do? Donna and the Commissioner demystify the role of elected officials in community association management and encourage volunteer board members to tap into this resource to maintain their own sanity in the face of shared ownership challenges. The conversation explores the Commissioner’s successful siege of ‘sick schools’, her endless calls for improved communication between lawmakers and the communities affected by those laws, and her determination to provide legislators with a real-world, balanced picture of community association life.

Topics include: the importance of collaboration between the board, property manager, and tenants in eradicating mold in multi-family buildings; how both formal and anecdotal education promote effective association management; the real problem with legislative efforts in a state with 60K+ community associations; the Commissioner’s take on making unpopular decisions and addressing the double-standard in hurricane debris removal; and so much more.

BONUS: Listen as the Commissioner turns the tables on Donna, asking her to justify legalese in community association legislation and governing documents!

Host Donna DiMaggio Berger and featured guest Robert Nordlund are determined to reframe the general perspective on reserve funding. Board members and residents alike are guaranteed to gain a greater appreciation of the purpose and practical management of reserves and how necessary these funds can be to avoid expensive special assessments and enhance the value of the entire community.

Topics include: what reserves should – and should not – be used for, how to determine the right level of funding for your community, a step-by-step overview of getting a reserve study and what is included in the process, and so much more.

BONUS: Get insight into Hawaii’s experience with mandating reserve funding and why Robert believes that, even decades later, the result will be much the same regardless of location.

Community association board members and managers often swap ‘war stories’ about being ‘in the trenches’ when dealing with the pressures of overseeing their communities. Host Donna DiMaggio Berger puts these catchphrases into perspective with featured guest Chris Ayoub, combat veteran and president of a national property management company. The duo seeks to remove the stigma commonly associated with seeking help for mental health challenges and explores how focusing on your individual well-being can ultimately benefit the entire community.

Topics include the evolving attitudes toward mental health, identifying and utilizing available resources to deal with verbal/emotional/physical abuse, a board’s responsibility to act on reports of potentially dangerous behavior, understanding that not everyone suffering from mental health issues poses a risk to the community or its managers, removing unhelpful labels – condo commando, crazy owner, uncaring manager – that can divide people, and more.

BONUS: Well-being app I AM is a fun way to infuse your day with positivity.

DISCLAIMER The discussion in this episode is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have heard on Take It To The Board.

Even as children, enforcing the rules that kept games playful didn’t always make you very popular with your peers. Association board members and managers will tell you that, when it comes to maintaining a community of adult homeowners, not much has changed since those playground days. Donna and Howard help association leaders embrace this unpopular segment of their service and outline best practices to successfully establish enough – but not too many – guidelines, enforce rules consistently despite a violator’s outrage or board position, and know how and when to escalate enforcement proceedings beyond the informal hallway/poolside chat.

Additional topics include determining whether the board has rulemaking authority, performing a rules audit, resolving conflicts between rules and the governing documents, evaluating arbitration and mediation to resolve disputes, bracing for the most-used affirmative defenses violators employ during litigation, and so much more.

Contrary to what the uninitiated might think, serving the legal needs of a community association board is NOT all about overweight dogs and contentious board meetings. It is a nuanced, complicated area of law that touches on many niches – real estate, land use and zoning, intellectual property, labor, even criminal. So, if you’ve ever considered saving a few dollars by asking your property manager or a board member with former industry experience to review a vendor contract, negotiate a line of credit, or mediate a neighborhood dispute, this episode is for you.

Donna and Denise swap war stories about rescuing community associations in Florida and Ontario from amateur advisors, what it really means to be a community association lawyer, and how board members can effectively collaborate with their counsel. Along the way, they outline how to onboard a new community association board and/or counsel, who the association’s lawyer actually represents, when the lawyer needs to be consulted, and how to avoid making the most common management mistakes. Benefits of board member training and certification, along with implementation of technology, are also discussed.

BONUS: For lawyers and law students unfamiliar with this area of law, Donna and Denise tout its recession-proof status, the people skills required, and how rewarding serving communities as counsel can be.

Think COVID-19 Shield Laws will safeguard your community association from claims of negligence? Host Donna DiMaggio Berger and featured guest David Ramsey aren’t so sure. This special episode emphasizes that the only real protection against pandemic-related liability is to consistently uphold the highest standard of care – even in the face of owners' fury – and reminds board members that they, unlike their neighbors, owe a fiduciary duty to the entire community.

Highlights include a deep dive into how Florida and New Jersey courts could define the willful negligence that would determine an association’s responsibility for new cases in its community, whether association leadership should require masks when public health officials are only recommending face coverings, if communal facilities must be opened when public officials are permitting them to be so, and so much more. It’s a jam-packed 20 minutes!

For association boards who remain unconvinced, Donna and Brett outline how technology can remove some of their administrative burden, streamline daily operations, and even improve community-wide communication.

This conversation focuses on online voting capabilities and custom association websites, digging into the mechanics of virtual voting systems and how best to make their adoption successful, what to expect from your software provider and who handles issues and questions, the dangers of a stale community website and what kind of information should be included on an engaging one, how to address questions of fraud and security in a virtual environment, and so much more. Also highlighted: the cost-effectiveness that even a hybrid model of voting (incorporating paper and digital) can offer, and how that service can be applied to all agenda items requiring community member input (elections, material alterations, amendments, reserve funding, etc.).

BONUS: Using your association website as a central communication hub and digital library can help your community survive the next unexpected weather event without missing a step!

Although intended to empower people with physical or emotional disabilities, service animals can create quite the conundrum for no-pet and pet restricted communities. If your board is struggling to provide reasonable accommodations for all community members – those with disabilities requiring service/support animals and those with animal phobias or allergies – and balance these competing interests in communal spaces - pools, elevators, and lobbies - this is the episode for you!

Donna and JoAnn outline why no-pet or pet restricted communities MUST have an enforceable clause in their governing documents and enforce it equally and objectively. The conversation covers how the law differentiates between a service/support animal and a pet, whether the ADA or Fair Housing Act applies, what types of animals can shoulder service responsibilities, how to evaluate the legitimacy of a request for service animal accommodation, how to recognize the red flags of fraud, and so much more. BONUS: Get an overview on how to navigate the HUD complaint process.

Is your community association’s operating budget realistic and appropriate? Do you have properly funded reserves? Ever wonder if all those budget footnotes are really important? Are you sure that your association's incidental revenue – laundry, rental units, transfer fees, etc. – doesn't jeopardize its non-profit status?

If you’re looking for clarity on these questions and a host of others, Donna and Nicole invite you to join them for a little community association money management myth-busting. This rapid-fire conversation combines practical guidance, years of experience, and a deep appreciation for the responsibilities that all community association boards shoulder. BONUS: Get the inside scoop on how to interview and determine the right accounting firm to support your community association.

In our inaugural episode, Donna and James explore the guiding principles that define his approach to serving the community association industry. The duo also discuss keys to success for board members and managers alike, touch on trends in property management, weigh in on self vs. professionally managed models, advocate for transparency between management companies and community association boards, and so much more. BONUS: Discover what James considers to be his superpowers and how sharing those gifts motivates him every day.